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United States v. Santiago-Mesinas

United States District Court, D. Colorado

January 11, 2019

UNITED STATES OF AMERICA, Plaintiff,
v.
11. JOSE SANTIAGO-MESINAS, Defendant.

          ORDER DENYING DEFENDANT'S MOTION TO DISMISS OR, IN THE ALTERNATIVE, FOR A BILL OF PARTICULARS

          CHRISTINE M. ARGUELLO UNITED STATES DISTRICT JUDGE

         Currently before the Court is Defendant Jose Santiago-Mesinas's Motion to Dismiss or, in the Alternative, for a Bill of Particulars. (Doc. # 239.) For the following reasons, Defendant's Motion to Dismiss or for a Bill of Particulars is denied.

         I. BACKGROUND

         The Court's October 8, 2018, Order Granting Defendant's Motion for a Separate Trial (Doc. # 252) recites the applicable factual and procedural background of this case and is incorporated herein by reference. See also (Doc. # 353.) Additional factual background and procedural history will be detailed in this Order only to the extent necessary to address the instant motion.

         This case arises out of an alleged conspiracy among sixteen defendants, including Defendant, to “knowingly and intentionally conspire to distribute or possess with the intent to distribute” various amounts of methamphetamine and cocaine between July 1, 2015, and January 1, 2018. (Doc. # 1 at 1.) Defendant is charged with only three of the 26 counts alleged in the Indictment. See generally (id.) Count One alleges:

On or about and between July 1, 2015, and January 1, 2018, both dates being approximate and inclusive, within the State and District of Colorado and elsewhere, [Defendant and thirteen other defendants] did knowingly and intentionally conspire to distribute or possess with the intent to distribute one or more of the following Controlled Substances: (1) 50 grams or more of methamphetamine (actual), its salts, isomers, and salts of its isomers, a Schedule II Controlled Substance; (2) 500 grams or more of a mixture or substance containing a detectable amount of methamphetamine, its salts, isomers, or salts of its isomers, a Schedule II Controlled Substance; (3) 50 grams or more but less than 500 grams of a mixture or substance containing a detectable amount of methamphetamine, its salts, isomers, or salts of its isomers, a Schedule II Controlled Substance; (4) 5 kilograms or more of a mixture or substance containing a detectable amount of cocaine, a Schedule II Controlled Substance, and (5) less than 500 grams of a mixture or substance containing a detectable amount of cocaine a Schedule II Controlled Substance.
All in violation of Title 21, United States Code, Sections 841(a)(1), 841(b)(1)(A)(ii)(II), 841(b)(1)(A)(viii), 841(b)(1)(B)(viii), 841(b)(1)(C), and 846.

(Id. at 2.) Count Ten is alleged only against Defendant:

On or about April 3, 2017, within the State and District of Colorado and elsewhere, [Defendant] did travel in interstate commerce with the intent to promote, manage, establish, carry on, or facilitate the promotion, management, establishment, or carrying on, of an unlawful activity, specifically conspiracy to distribute or possess with the intent to distribute narcotics as alleged in Count One of this Indictment, and thereafter performed or attempted to perform an act to promote, manage, establish, carry on, or facilitate the promotion, management, establishment, or carrying on, of that unlawful activity in violation of Title 21, United States Code, Sections 841(a)(1) and 846.
All in violation of Title 18, United States Code, Section 1952(a)(3)(A).

(Id. at 6.) Count Eleven alleges:

On or about April 3, 2017, within the State and District of Colorado, [Defendant and four other defendants] did knowingly or intentionally distribute and possess with the intent to distribute 500 grams or more of a mixture or substance containing a detectable amount of methamphetamine, its salts, isomers, or salts of its isomers, a Schedule II Controlled Substance, and did knowingly or intentionally aid, abet, counsel, command, induce or procure the same.
All in violation of Title 21, United States Code, Sections 841(a) and 841(b)(1)(A)(viii) and Title 18, United States Code, Section 2.

(Id.) The other defendants have been charged in the remaining 23 counts for drug trafficking offenses on dates other than April 3, 2017, and not ...


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