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United States v. Jiminez

United States District Court, S.D. New York

May 13, 2015

UNITED STATES OF AMERICA,
v.
CHARLIE JIMINEZ, a/k/a

OPINION & ORDER

KATHERINE B. FORREST, District Judge.

Charlie Jiminez was indicted, along with 10 others, on October 31, 2013. He and his co-defendants were charged with participation in a narcotics conspiracy, in violation of 21 U.S.C. § 846 (Count One), as well as with the use, carrying, and possession of firearms that were brandished and discharged during and in relation to the narcotics conspiracy, in violation of 18 U.S.C. §§ 924(c)(1)(A)(i)-(iii) and 2 (Count Two). (ECF No. 1.) This matter was transferred to the undersigned on March 10, 2015. It is scheduled for trial commencing July 6, 2015.

By order dated March 12, 2015, this Court requested that all defendants notify the Court as to whether any motions remained unresolved. (ECF No. 121.) Pending before the Court is the only motion brought to the Court's attention in response to this Order (and following subsequent communications by letter, as set forth on the docket). Jiminez has moved for the following relief:

1. Additional discovery and a bill of particulars;
2. Disclosure of identifications and co-defendant statements;
3. Severance from his co-defendants; and
4. Any other and further relief as may be appropriate based on the arguments of his co-defendants, made in separate motions and incorporated by reference.

(ECF No. 57.) On January 27, 2015, Jiminez filed a separate motion to suppress his post-arrest statement. (ECF No. 106.) He submitted a sworn affidavit in connection with that motion. (ECF No. 108.)

For the reasons set forth below, Jiminez's motions are DENIED.

I. FACTS RELEVANT TO THE PENDING MOTIONS

The Government has proffered that at trial it will prove that defendant and his co-defendants were members of a drug trafficking organization ("DTO") known as "2 Gunz Up" or "Riverdale" (the "Riverdale crew"). The conspiracy is alleged to have existed and operated from approximately 2006 until a takedown in 2013, and to have principally dealt in crack cocaine. According to the Government, the Riverdale crew sold crack and also took actions to prevent incursion by others into their territory. Certain members of the crew, including Jimenez, are alleged to have maintained firearms in furtherance of the DTO's operations. Certain defendants, including Jiminez, are specifically alleged to have been "shooters" for the DTO, and to have utilized firearms acquired by other members of the crew.

Until approximately August 2011, the Riverdale crew engaged in violent disputes with a rival gang. The disputes resulted in multiple shootings, beatings, stabbings, and assaults.

The Government has proffered that at trial it intends to call numerous cooperating witnesses and local and federal law enforcement officers. It has also proffered that it intends to offer, inter alia, post-arrest statements, plea allocutions, video and audio recordings of controlled drug buys, narcotics seized from various defendants, photographs, records from social media sites, and cell site materials.

As to defendant Jiminez, the Government has disclosed a variety of information supporting its allegations-including through production of Rule 16 discovery (including search warrant and cell site materials), information disclosed in the Indictment, as well as conversations ...


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