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United States v. Rivers

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK


May 19, 2010

UNITED STATES OF AMERICA,
v.
VIRGIL RIVERS, DEFENDANT.

The opinion of the court was delivered by: Block, Senior District Judge

MEMORANDUM AND ORDER

Virgil Rivers ("Rivers"), moving pro se, seeks an order disclosing the minutes of his grand jury hearings. For the following reasons, Rivers's motion is denied.

Fed. R. Crim. P. 6(e)(3)(E)(ii) permits a court to disclose grand jury minutes when a "defendant ... shows that a ground may exist to dismiss the indictment because of a matter that occurred before the grand jury." However, because Rivers's conviction by a petit jury cured "any potential defect in [his] grand jury proceeding," United States v. Mechanik, 475 U.S. 66, 70 (1986), he cannot carry his burden and make such a showing. See United States v. Abcasis, 785 F. Supp. 1113, 1119 (E.D.N.Y. 1992).

In any event, Rivers's assertion that the grand jury charged him with the "nonexisting ... law [of] Bank Robbery Conspiracy, in violation of Title 18 USC § 2113" is patently incorrect. Page two of the Superceding Indictment, conveniently not included in Rivers's moving papers, explicitly and correctly lists "Title 18, United States Code, Sections 371 and 3551 et seq." as the statutory basis for the crime of Bank Robbery Conspiracy charged in Count One.

SO ORDERED.

FREDERIC BLOCK Senior United States District Judge

20100519

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