MARTIN REIDINGER, District Judge.
On August 16, 2017, the Defendant was charged in a Bill of Indictment with three counts of engaging in a sexual act with a minor within Indian territory, in violation of 18 U.S.C. §§ 2241(c) and 1153, and three counts of engaging in and causing sexual contact with a minor within Indian territory, in violation of 18 U.S.C. §§ 2244(a)(5) and 1153. [Doc. 1]. The Defendant made an initial appearance on August 30, 2017, at which time counsel was appointed. On October 6, 2017, the Defendant filed a motion to continue docket call and to extend the pretrial motions deadline [Doc. 12], which the Court granted on October 20, 2017 [Doc. 13]. The Defendant filed the present motion on October 27, 2017, seeking dismissal of the Indictment. [Doc. 16]. In the alternative, the Defendant requests a bill of particulars from the Government. [
The Government requested an extension of time until November 17, 2017, to respond to the Defendant's motion [Doc. 20], which the Court granted [Doc. 21]. On November 14, 2017, the grand jury returned a Superseding Bill of Indictment against the Defendant. [Doc. 22]. The Government then filed its response to the Defendant's motion to dismiss on November 17, 2017. [Doc. 24]. Accordingly, this matter is ripe for disposition.
In his motion, the Defendant argues that the Indictment is insufficient as a matter of law for two reasons. First, the Defendant argues that the charging language of the Indictment does not track the statutory language of 18 U.S.C. §§ 2241(c) and 2244(a)(5), which both require that the defendant "knowingly engage" in a sexual act or contact with a minor child. By omitting the word "knowingly," the Defendant argues, the Indictment fails to allege all of the essential elements of the charge. [Doc. 16 at 4-5 (citing
The Defendant also argues that the Indictment is defective in that the range of dates alleged is too large to fairly inform the Defendant of the charges against him and to preclude him from pleading double jeopardy as a defense in a future prosecution for the same offenses. [Doc. 16 at 6]. The Defendant moves for the dismissal of the Indictment on this basis, or in the alternative, a bill of particulars from the Government providing more particular detail regarding the date, time, and location of each alleged offense. [
"An indictment is sufficient if it, first, contains the elements of the offense charged and fairly informs a defendant of the charge against which he must defend, and, second, enables him to plead an acquittal or conviction in bar of future prosecutions for the same offense."
Here, the Superseding Bill of Indictment alleges that the Defendant committed six different offenses of sexual acts/contact with a minor child within the boundaries of the Eastern Band of Cherokee Indians reservation within Jackson County, North Carolina. The Indictment sufficiently identifies the location of the offenses in order to establish jurisdiction and venue. The Indictment also alleges that the offenses occurred in an approximately 29-month time period, that is, "between January 1, 2015 and June 1, 2017." This, too, is sufficient. "[W]here an indictment alleges a crime occurred on or about a certain date, proof need only establish beyond a reasonable doubt that the crime occurred on a date reasonably near that alleged."
In the alternative, the Defendant requests a bill of particulars from the Government providing "in more particular detail the date, time, and location that the government will allege each offense in each count of the indictment took place so that Mr. Armachain may know where and when the offense(s) allegedly occurred." [Doc. 16 at 7].
Pursuant to Federal Rule of Criminal Procedure 7(f), the Court may, within its discretion, direct the Government to file a bill of particulars. Fed. R. Crim. P. 7(f);
Here, full discovery has been produced to the Defendant pursuant to the Government's open file policy, and thus any information that the Government possesses regarding the specific dates, times, and precise locations of the alleged offenses is available to the Defendant. For these reasons, the Court denies the Defendant's alternative request for a bill of particulars.