United States v. Larry Dauenhauer

MEMORANDUM

Larry Dauenhauer appeals his jury conviction and sentence of life imprisonment for possession with intent to distribute methamphetamine in violation of 21 U.S.C. § 841 (a)(1). We have jurisdiction under 28 U.S.C. § 1291 . We affirm.

1. We review de novo a district court’s denial of a motion to dismiss an indictment for insufficiently stating an offense. United States v. Sutcliffe, 505 F.3d 944, 961 (9th Cir.2007). Here, the indictment was sufficient. The indictment provided an estimated beginning date for the alleged criminal conduct and a specific end date — the date of the indictment. See United States v. Forrester, 616 F.3d 929, 940-41 (9th Cir.2010). The indictment also did not include any duplicitous counts, but rather charged Dauenhauer with committing a continuing offense. See United States v. Pariseau, 685 F.3d 1129, 1130 (9th Cir.2012).

2. We review a district court’s decision regarding the scope and specificity of a bill of particulars for abuse of discretion. See United States v. Long, 706 F.2d 1044, 1054 (9th Cir.1983). Here, the district court did not abuse its discretion in denying Dauenhauer’s motion for a bill of particulars because Dauenhauer was…