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DOJ-OGR-00000137.tif

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74a (2d Cir. 1975). In addition to dismissal, “Rule 7(f) of the Federal Rules of Criminal Procedure permits a defendant to seek a bill of particulars in order to identify with sufficient particularity the nature of the charge pending against him, thereby enabling defendant to prepare for trial, to prevent surprise, and to interpose a plea of double jeopardy should he be prosecuted a second time for the same offense.” United States v. Bortnovusky, 820 F.2d 572, 574 (2d Cir. 1987). The S1 superseding indictment sets out the elements of each charged crime and the facts supporting each element. Nonetheless, Maxwell contends that the indictment is too vague because it refers to open-ended time periods, describes conduct like “grooming” and “befriending” that is not inherently criminal, and does not identify the alleged victims by name. Maxwell’s first argument fails because the Government need only describe the time and place of charged conduct “in approximate terms.” Tramunti, 513 F.2d at 1118. The details are subject to proof at trial. “[T]he Second Circuit routinely upholds the ‘on or about’ language used to describe the window of when a violation occurred.” United States v. Kidd, 386 F. Supp. 3d 364, 369 (S.D.N.Y. 2019) (quoting United States v. Nersesian, 824 F.2d 1294, 1323 (2d Cir. 1987)). “This is especially true in cases of sexual abuse of children: allegations of sexual abuse of underage victims often proceed without specific dates of the offenses.” United States v. Young, No. 08-cr-285 (KMK), 2008 WL 4178190, at *2 (S.D.N.Y. Sept. 4, 2008) (collecting cases). As here, these cases frequently involve alleged abuse spanning a lengthy period of time, and witnesses who were victimized as children may struggle to recall the precise dates when abuse DOJ-OGR-00000137

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Filename DOJ-OGR-00000137.tif
File Size 42.4 KB
OCR Confidence 94.5%
Has Readable Text Yes
Text Length 1,799 characters
Indexed 2026-02-03 15:58:14.389962