Court filing
MOTION for Bill of Particulars by Carl Delano Torjagbo — USA v. Torjagbo (Dkt. 130)
Record facts
| Court | U.S. District Court for the Northern District of Georgia |
|---|---|
| Filed | 2024-12-06 |
U.S. District Court for the Northern District of Georgia · No. 1:22-cr-00171-MLB-RDC · Doc. 130 · 2024-12-06 · Docket on CourtListener
Summary
Defendant Carl Delano Torjagbo's motion for bill of particulars, filed December 6, 2024 as Doc. 130 in United States v. Torjagbo, No. 1:22-cr-00171-MLB-RDC, in the U.S. District Court for the Northern District of Georgia. The motion quotes Count Two of the superseding indictment, which charges possession and use of another person's means of identification on or about February 16, 2021 in violation of Title 18, United States Code, Section 1028A(a)(1), and argues that the indictment does not specify which means of identification is at issue. Citing Rule 7(f) of the Federal Rules of Criminal Procedure and cases including United States v. Sharpe, 438 F.3d 1257, it asks that the government be directed to identify that means of identification. The motion is signed by Kendal D. Silas of the Federal Defender Program, Inc.
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Full text
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF GEORGIA
ATLANTA DIVISION
UNITED STATES OF AMERICA
)
)
vs.
)
CRIMINAL ACTION
) NO. 1:22-CR-171-MLB-RDC
CARL DELANO TORJAGBO
)
MOTION FOR BILL OF PARTICULARS
COMES NOW the Defendant, CARL DELANO TORJAGBO, by and
through his undersigned counsel, and files this motion for bill of particulars. In
support thereof, Mr. Torjagbo states the following:
(1)
Count Two of the superseding indictment charges that:
[o]n or about February 16, 2021 in the Northern District of Georgia
and elsewhere, the Defendant, Carl Delano Torjagbo, a/k/a Karl
Lucius Delano, aided and abetted by others unknown to the Grand
Jury, knowingly possessed and used, without lawful authority, a
means of identification of another person, that person being M.S.,
during and in relation to the bank fraud scheme charged in Count 1 of
the Superseding Indictment[,] [a]ll in violation of Title 18, United
States Code, Section 1028A(a)(1) and Section 2.
The indictment does not specify the means of identification of M.S. that Mr.
Torjagbo allegedly possessed and used.
(2)
A defendant is entitled to know sufficient specifics of the offense with which
Case 1:22-cr-00171-MLB-RDC Document 130 Filed 12/06/24 Page 1 of 5
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he is charged in order to prepare a defense. Pursuant to Rule 7(f) of the Federal
Rules of Criminal Procedure, the District Court may direct the government to file a
bill of particulars so that the defendant may be sufficiently apprised of the nature and
scope of the offense with which he is charged, that he may avoid and minimize the
danger of surprise at trial, and that he may be protected from the possibility of being
charged with the same offense a second time. See United States v. Mackey, 551 F.2d
967, 970 (5th Cir. 1977); United States v. Martinez, 466 F.2d 679, 686 (5th Cir.
1972). “A bill of particulars amplifies the indictment by providing additional
information.” United States v. Johnson, 575 F.2d 1347, 1356 (5th Cir. 1978). It
adds sufficient precision to the charge and provides the defendant with information
necessary for trial preparation. See United States v. Anderson, 799 F.2d 1438, 1441
(11th Cir. 1986); United States v. Adams, Unpublished, 2012 WL 12620849, *2
(N.D. Ga. July 24, 2012). Whether to order a bill of particulars is a separate
question from legal sufficiency of the indictment. United States v. Cheatham, 500
F.Supp. 528, 532 (W.D. Pa. 2007).
(3)
Whether to grant a motion for bill of particulars is vested to the sound
discretion of the trial court. Adams, supra at *2. However, if the information is
essential to the defense, failure to grant the motion for bill of particulars may be
Case 1:22-cr-00171-MLB-RDC Document 130 Filed 12/06/24 Page 2 of 5
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reversible error. United States v. Sharpe, 438 F.3d 1257, 1263 (11th Cir. 2006).
(4)
To allow for adequate trial preparation, to prevent undue surprise, and to
protect himself from subsequent prosecution for alleged offense conduct that is
covered by the instant indictment, Mr. Torjagbo seeks additional information
regarding the particulars of Count Two. Mr. Torjagbo asks that the Government be
directed to identify the particulars means of identification of M.S. that he is alleged
to have possessed and used in furtherance of the bank fraud scheme charged in Count
One of the superseding indictment.
WHEREFORE, Mr. Torjagbo requests that this motion be granted.
Dated: This 6th day of December, 2024.
Respectfully submitted,
S/ Kendal D. Silas
KENDAL SILAS
State Bar No. 645959
Attorney for CARL TORJAGBO
Federal Defender Program, Inc.
Centennial Tower, Suite 1500
101 Marietta Street, N.W.
Atlanta, GA 30303
(404) 688-7530
Case 1:22-cr-00171-MLB-RDC Document 130 Filed 12/06/24 Page 3 of 5
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CERTIFICATE OF SERVICE
I hereby certify that the foregoing Motion for Bill of Particulars was formatted
in Times New Roman 14pt., in accordance with Local Rule 5.1C, and was
electronically filed this day with the Clerk of Court using the CM/ECF system which
will automatically send email notification of such filing to the following:
John Russell Phillips, Esq.
Assistant United States Attorney
Northern District of Georgia
600 Richard B. Russell Building
75 Ted Turner Drive, S.W.
Atlanta, GA 30303
Dated: This 6th day of December, 2024.
s/ Kendal Silas
KENDAL SILAS, Esq.
Attorney for CARL TORJAGBO
Case 1:22-cr-00171-MLB-RDC Document 130 Filed 12/06/24 Page 4 of 5
CERTIFICATE OF SERVICE
I hereby certify that the foregoing Motion for Bill of Particulars was
electronically filed this day with the Clerk of Court using the CM/ECF system, which
will automatically send email notification of such filing to the following:
John Russell Phillips, Esq.
Assistant United States Attorney
Northern District of Georgia
Federal Courthouse, Ste. 600
75 Ted Turner Drive, S.W.
Atlanta, GA 30303
Dated: This 6th day of December, 2024.
s/ Kendal D. Silas
KENDAL D. SILAS, Esq.
Attorney for CARL TORJAGBO
Case 1:22-cr-00171-MLB-RDC Document 130 Filed 12/06/24 Page 5 of 5File and source
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