United States District Court, D. Colorado
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 ...