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United States v. Manzano-Huerta

United States District Court, N.D. Iowa, Eastern Division

May 13, 2014

UNITED STATES OF AMERICA, Plaintiff,
v.
JUAN CARLOS MANZANO-HUERTA, Defendant.

ORDER DENYING MOTION FOR BILL OF PARTICULARS

JON STUART SCOLES, Magistrate Judge.

This matter comes before the Court on the Motion for Bill of Particulars [ sic ] (docket number 23) filed by the Defendant on May 2, 2014, the Resistance (docket number 28) filed by the United States on May 9, and the Reply (docket number 29) filed by Defendant on May 12. Pursuant to Local Rule 7.c, the motion will be decided without oral argument.

I. RELEVANT FACTS

On February 19, 2014, Defendant was charged by criminal complaint with harboring an alien.[1] In the accompanying affidavit, it was alleged that Defendant transported, employed, and provided housing for Elvin Alberto-Monge, despite Defendant's knowledge that Alberto's identification cards were "fake." Defendant appeared in court on February 27 and was released on conditions.

On March 18, 2014, a grand jury returned an indictment in the instant action, charging Defendant with one count of harboring, encouraging, and inducing an alien to reside in the United States in violation of law. The indictment charged that Defendant, despite knowing that Alberto-Monge had come to the United States in violation of law, or in reckless disregard of that fact, did transport, harbor, and encourage Alberto-Monge in violation of the law. Defendant entered a written plea of not guilty and trial was scheduled for May 19, 2014.

On April 23, 2014, a grand jury returned a superseding indictment, adding four additional counts. Count 1 remained unchanged. Counts 2 and 3 added additional charges of harboring, encouraging, and inducing an alien to reside in the United States in violation of law. Count 2 identifies Dennis Ortiz-Flores as the affected alien, with Count 3 identifying Israel Rodriguez. Count 4 charges Defendant with conspiracy to transport, harbor, or encourage illegal aliens to reside in the United States:

COUNT 4
During 2012 and 2013, in the Northern District of Iowa and elsewhere, defendant, JUAN CARLOS MANZANO, did knowingly and unlawfully combine, conspire, confederate and agree with persons whose names are known and unknown to the Grand Jury to commit the following crimes against the United States:
(1) knowing and in reckless disregard of the fact that one or more alien(s) had come to, entered, and remained in the United States in violation of law, to: transport and move the alien(s) within the United States, in furtherance of such violation of law; in violation of Title 8, United States Code, Section 1324(a)(1)(A)(ii);
(2) knowing and in reckless disregard of the fact that one or more alien(s) had come to, entered, and remained in the United States in violation of law, to: harbor the alien(s), in violation of Title 8, United States Code, Section 1324(a)(1)(A)(iii); and
(3) knowing and in reckless disregard of the fact that one or more alien(s) had come to, entered, and remained in the United States in violation of law, to: encourage and induce the alien(s) to reside in the United States, in violation of Title 8, United States Code, Section 1324(a)(1)(A)(iv).
OVERT ACTS
In furtherance of the conspiracy and to achieve the objects thereof, a conspirator committed and caused to be committed one or more ...

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