florida bill of particulars in criminal cases

FLORIDA BILL OF PARTICULARS IN CRIMINAL CASES SERIAL NUMBER
FLORIDA BILL OF PARTICULARS IN CRIMINAL CASES LICENSE

The defendant may move for a bill of particulars before or within 10 days after arraignment or at a later time if the court permits. ECF No.įederal Rule of Criminal Procedure 7(f) governs motions for bills of particulars: The court may direct the government to file a bill of particulars. Defendant replies that the discovery supplied by the Government does not provide sufficient notice of the transactions that give rise to the charge of dealing firearms without a license. The Government responds that no bill of particulars is necessary because the information requested has already been provided in discovery in an organized manner. Defendant contends that the lack of specificity in the Superseding Indictment will obstruct his ability to prepare for trial, create a substantial risk of unfair and prejudicial surprise at trial, and will not facilitate a plea of double jeopardy in the event of a subsequent prosecution. Battle is alleged to have dealt without a license.

FLORIDA BILL OF PARTICULARS IN CRIMINAL CASES SERIAL NUMBER

Identify the specific firearms by brand, model, and serial number that Mr.

FLORIDA BILL OF PARTICULARS IN CRIMINAL CASES LICENSE

Battle is alleged to have dealt firearms without a license 2. Identify the specific times, dates and locations relating to when and where Mr. Specifically, Defendant requests that the Government:ġ.

On December 27, 2022, Defendant filed the instant Motion seeking a bill of particulars as to Count 1 on the basis that the Indictment fails to provide necessary details relevant to the government’s allegations. JOHNNY MATTHEW BATTLE JR., did willfully engage in the business of dealing in firearms without a license, in violation of Title 18, United States Code, Sections 922(a)(1)(A) and 924(a)(1)(D). The Motion pertains only to Count 1 which reads:įrom on or about November 7, 2016, the exact date being unknown to the Grand Jury, and continuing through on or about August 10, 2022, in Miami-Dade County, in the Southern District of Florida and elsewhere the defendant, § 922(a)(1)(A) (Count 1) and illegally possessed a machinegun in violation of 18 U.S.C. On December 9, 2022, the Government filed a two-count Superseding Indictment alleging that Defendant dealt firearms without a license in violation of 18 U.S.C. For the reasons set forth below, the Motion is denied. The Court has carefully reviewed the Motion, all opposing and supporting submissions, the record in this case, the applicable law, and is otherwise fully advised. (“Response”), to which Defendant filed a Reply, ECF No. The Government filed its Response in Opposition, ECF No. ORDER ON MOTION FOR BILL OF PARTICULARS THIS CAUSE is before the Court upon Defendant Johnny Matthew Battle Jr’s (“Defendant”) Motion for Bill of Particulars as to Count 1, ECF No. 22-cr-20352-BLOOM UNITED STATES OF AMERICA,ĭefendant. UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDAĬase No.

Florida bill of particulars in criminal cases