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UNITED STATES DISTRICT COURT

FOR THE
DISTRICT OF NEW HAMPSHIRE

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* UNITED STATES OF AMERICA*
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* v. * 07-CR-189
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* CIRINO GONZALEZ *
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MOTION FOR BILL OF PARTICULARS

NOW COMES the defendant, Cirino Gonzalez, by counsel, David H. Bownes, and

respectfully requests that this Court order the government to describe with particularity on which

firearm it relies in Count 5 of the Third Superceding Indictment alleging Possession of a Firearm

in Connection with a Crime of Violence. 18 U.S.C. § 924 (c)(1)(A)(I).

As grounds for this request it is stated:

1. The defendant is now charged with Conspiracy to Prevent Officers of the United

States from Discharging Their Duties(18 U.S.C. § 372) (Count 1); Conspiracy to Commit

Offenses Against the United States (18 U.S.C. § 371) (Count 2); Accessory After the Fact (18

U.S.C. § 3)(Count 5); and Carrying, Using and Possessing a Firearm in Connection with a crime

of Violence 18 U.S.C. § 924 § (c)(1)(A)(I).

2. The new allegations in Count 5 describe possession from “...in or around January

2007, through in or around September 2007, in the District of New Hampshire and elsewhere . .

.”.

3. It is further alleged in ¶ 18 of the new indictment that Mr. Gonzalez used and carried

one or more of the firearms referenced in ¶’s 10h, 10i, 10j, 10k, 10m, 10q, 10r and 10s as
referenced in ¶ 10 alleging overt acts in the indictment.

4. The initial indictment returned in September of 2007 contained only the allegation

that Mr. Gonzalez about May 23rd of 2007 carried and possessed a firearm in connection with a

crime of violence. That allegation was based upon an allegation that Mr. Gonzalez, on or about

May 23, 2007 purchased a high powered .50 caliber rifle from a firearms dealer in Newport, NH.

5. The Superceding Indictment brought in October of 2007 contained again specific

allegation that Mr. Gonzalez on or about May 23rd of 2007 in the District of New Hampshire

possessed a firearm in connection with a crime of violence (See ¶ 19 & 20 of the Superceding

Indictment). The defendant has naturally and understandably relied on that firearm as being the

substance of the § 924 (c) charge against him.

6. There was a Second Superceding Indictment on which this defendant was never

arraigned. That Indictment in Count 5 alleged that between May 23rd and September 12th of

2007, Mr. Gonzalez carried and possessed a firearm in connection with a crime of violence.

7. The Third Superceding Indictment on which the defendant was arraigned on January

17, 2008 contains new language referenced in ¶ 3 of his request for a Bill of Particulars.

8. That firearm was in fact seized at the defendant’s home in Alice, TX.

9. For purposes of understanding the charge against Mr. Gonzalez it is understood that

they have alleged on count in violation of § 924 (c) which carries a term of imprisonment of not

less than 5 years.

10. The defendant should not be forced to guess which firearm the government intends

to rely to secure a conviction for a 924 (c) violation.

11. It is well settled that the defendant is entitled to know the precise nature of the

charge and certainly what the exact nature of the punishment is in question. Apprendi v. New

Jersey, 530 U.S. 566; 120 Sup. Ct. 2348, 147 L.Ed. 435 (2000); Ring v. Arizona, 536 U.S. 584,

122 S.Ct. 2428, 153 L.Ed 2d. 556 (2002); Blakely v. Washington, 124 S.Ct. 2531, 159 L.Ed. 2d.
403 (2004).

12. Positions of the co-defendants have not been ascertained at this time.

13. Counsel has spoken Arnold Huftalen, Assistant U.S. Attorney, and he objects to this

request for a bill of particulars.

WHEREFORE the defendant requests that this Court the following relief;

A. Order the government to specify with the degree of specificity sufficient for

constitutional purposes the weapon in which it relies in seeking a 18 U.S.C. § 924 (c) conviction

against this defendant;

B. For such further relief as may be just.

Respectfully Submitted,
Cirino Gonzalez,
By His Attorney,

LAW OFFICE OF DAVID H. BOWNES, P.C.

Dated: January 18, 2008 /S/ David H. Bownes, Esq.


David H. Bownes, Esq.
NH Bar No.: 277
486 Union Avenue
Laconia, NH 03246
(603) 524-4330
office@dhblaw.net

CERTIFICATION
th
I hereby certify that on this 18 day of January, 2008 that a copy of the foregoing
Motion for Bill of Particulars been forwarded to Arnold Huftalen, Esq., United States Attorney’s
Office, Paul Garrity, Esq,, and to Stanley Norkunas, Esq. via ECF and to Daniel Riley at the
Strafford House of Corrections via U.S. First Class Mail.

/S/ David H. Bownes, Esq.


David H. Bownes, Esq.