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United States v. Bravo-Fernandez

Citations: 792 F. Supp. 2d 172; 2011 U.S. Dist. LEXIS 7645; 2011 WL 280918Docket: Criminal 10-232 (FAB)

Court: District Court, D. Puerto Rico; January 26, 2011; Federal District Court

Narrative Opinion Summary

This judicial opinion involves defendants who filed motions regarding discovery, surplusage in the indictment, and a bill of particulars. The defendants sought to compel discovery beyond what was provided, arguing that the government had not met its obligations under Brady and Giglio. However, the court found that the government had already made the necessary materials available and adhered to the deadlines established in a prior Scheduling Order. The court also addressed the defendants' request for translations of foreign documents, determining that the government was only required to translate documents intended for presentation at trial. Additionally, the court denied the motion to strike surplusage, finding the language pertinent to the charges. The motion for a bill of particulars was similarly denied, as the indictment was deemed sufficient to inform the defendants of the charges and enable defense preparation. The court referenced case law, including U.S. v. Stryker Biotech, LLC, to support its rulings, ultimately denying all three motions filed by the defendants.

Legal Issues Addressed

Bill of Particulars under Federal Rule of Criminal Procedure 7(f)

Application: The court denied the motion for a bill of particulars, concluding that the indictment sufficiently informed the defendants of the charges, and the government had provided ample discovery.

Reasoning: The indictment outlines the defendants' alleged participation in a bribery and conspiracy scheme, aligning with the federal bribery statute.

Disclosure Obligations under Brady and Giglio

Application: Defendants argued for summaries of De Castro-Font materials under Brady and Giglio, but the court found that the government had already provided access to these materials, placing the onus on the defendants to review them.

Reasoning: However, the court found that the government had already provided access to these materials well in advance, and it was the defendants' responsibility to review them, not the government’s to provide additional summaries.

Motion to Compel Discovery under Federal Rules

Application: The court denied the motion to compel discovery, as defendants failed to acknowledge the existing Scheduling Order that set discovery deadlines, and the issues had already been largely resolved.

Reasoning: The court noted that most of the discovery issues had already been resolved under this order, and it would not revisit matters covered therein.

Motion to Strike Surplusage under Federal Rule of Criminal Procedure 7(d)

Application: The court denied the motion to strike surplusage from the indictment, as the challenged language was pertinent to the charges and the decision to strike is at the court's discretion.

Reasoning: The standard for striking surplusage is stringent, with courts rarely granting such motions.

Translation of Foreign Documents

Application: The court determined that the government fulfilled its obligation to provide translations for documents intended for trial, rejecting the defendants' request for additional translations of all materials.

Reasoning: The court determined that the government had met its obligation to provide necessary translations for documents intended for jury submission and found no legal basis to compel further translations.