United States v. Lawrence Chavez Robert Clarke, AKA Bnd or Robert Clark Melaquias Sandoval Patrick Henry Zanzucchi Robert Matthew Zanzucchi

Chavez, Clarke, Sandoval, P. Henry Zan-zucchi (“Hank”) and R. Matthew Zanzucchi (“Matt”) appeal their convictions for cocaine related crimes. Following a two-year investigation of narcotics violations in northern Arizona, Matt and Hank were indicted on two counts of organizing and supervising a continuing criminal enterprise in violation of 21 U.S.C. § 848 (1982). We address only these counts at this time. The remaining assignments of error are considered in an unpublished memorandum disposition.

Hank and Matt assert that the court erred in denying their pretrial motions for a bill of particulars. In order to convict under the criminal enterprise statute, the prosecution must show that the defendant supervised, organized, or occupied a position of management with respect to at least five persons, and that the defendant engaged in a series of violations. Hank and Matt moved pretrial to require the government to specify which persons they were being charged with controlling, and what violations constituted the series. The government gave the defendants a limited bill of particulars. The defendants’ motion for an additional bill of particulars was denied.

A bill of particulars is…