Professional Documents
Culture Documents
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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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
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
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.
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
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
10. The defendant should not be forced to guess which firearm the government intends
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
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
Respectfully Submitted,
Cirino Gonzalez,
By His Attorney,
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.