749 F. Supp. 2d 19
N.D.N.Y.2010Background
- Charges stem from December 20, 2002 robbery of Canaan Sunuco gas station in Columbia County, NY; Bhatti allegedly robbed at gunpoint by Jackson and co-defendants Decker and Castro.
- 2006 Superseding Indictment charged Jackson and Decker with Hobbs Act violation, § 1951, § 924(c), and aiding/abetting, with Castro implied as third party.
- 2009 Indictment added Castro as aider and abettor to Jackson for Count One; co-defendants Decker and Castro remained implicated.
- 2009 Indictment dismissed in 2009 for Speedy Trial Act reasons; Government filed 2009 Indictment within six months of dismissal as allowed by 18 U.S.C. § 3288.
- Court must decide whether 2009 Indictment relates back to 2006 Superseding Indictment and whether Counts raise new issues beyond limitations.
- Oral argument held October 22, 2010; decision reserved.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether 2009 indictment relates back under five-year limit | Government contends 2009 Indictment does not broaden charges | Jackson argues 2009 Indictment broadens liability by adding Castro | Yes; relates back; timely under statute |
| Whether Count One contains required mens rea for Hobbs Act | Indictment tracks Hobbs Act; implies knowledge/willfulness | Indictment fails to state mens rea explicitly | Mens rea implied; not defective |
| Whether Count Two is duplicitous under § 924(c) | Count Two properly alleges multiple means to violate § 924(c) | Count Two alleges two distinct offenses | Not duplicitous; one offense with multiple means |
| Whether defendant’s request to modify detention location is proper | Denied; not proper procedural vehicle; referred to agency |
Key Cases Cited
- United States v. Salmonese, 352 F.3d 608 (2d Cir. 2003) (relates back if not broadening charges; timeliness preserved)
- United States v. Ben Zvi, 242 F.3d 89 (2d Cir. 2001) (indictment tolling; notice sufficiency intact)
- United States v. Gengo, 808 F.2d 1 (2d Cir. 1986) (notice and relation back principles upstream from Salmonese)
- United States v. Rutkoske, 506 F.3d 170 (2d Cir. 2007) (flesh out or provide more detail about charged crime; relation back when not broadening)
- United States v. Mejia, 545 F.3d 179 (2d Cir. 2008) (conjunctive charging of alternative means permitted; not duplicitous if single offense under statute)
- United States v. Tobias, 33 Fed.Appx. 547 (2d Cir. 2002) ( Hobbs Act indictment implying know/willful conduct adequate)