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United States v. Taylor

February 14, 2007

UNITED STATES OF AMERICA
v.
REJON TAYLOR



The opinion of the court was delivered by: Chief Judge Curtis L. Collier

ORDER

Before the Court is Defendant Rejon Taylor's ("Defendant") "Appeal to the District Court Judge of the Magistrate Judge's Order Denying Motion for Bill of Particulars" (Court File No. 319). Upon review of the record and Magistrate Judge William B. Mitchell Carter's opinion (Court File No. 301), the Court agrees Defendant is requesting "a parsing of facts and statute not required by law" (Court File No. 301 at 4) and fully incorporates Magistrate Judge Carter's reasoning herein. The Court agrees with Magistrate Judge Carter's opinion that a bill of particulars is not necessary in order for Defendant to adequately prepare his defense, to preclude a second prosecution for the same crime and to prevent undue surprise at trial. "The defendant's constitutional right is to know the offense with which he is charged, not to know the details of how it will be proved." United States v. Kendall, 665 F.2d 126, 135 (7th Cir. 1981), cert. denied, 455 U.S. 1021 (1982). Accordingly, the Court DENIES Defendant's appeal (Court File No. 319).

CURTIS L. COLLIER CHIEF UNITED STATES DISTRICT JUDGE

20070214

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