United States District Court, D. Hawaii
ORDER AFFIRMING MAGISTRATE JUDGE ORDER DENYING
DEFENDANT GORDON SHIRAISHI'S MOTION FOR BILL OF
PARTICULARS, ECF NO. 256
Michael Seabright Chief United States District Judge
14, 2018, Magistrate Judge Richard L. Puglisi entered an
Order denying Defendant Gordon Shiraishi's
(“Defendant”) Motion for a Bill of Particulars
(“June 14 Order”). ECF No. 256. On June 28, 2018,
Defendant filed an appeal to this court. ECF No. 258.
reasons discussed below, the court AFFIRMS the June 14 Order.
STANDARD OF REVIEW
28 U.S.C. § 636(b)(1)(A), Federal Rule of Criminal
Procedure 59(a), and Criminal Local Rule 57.3(b), a district
judge may set aside a magistrate judge's nondispositive
order, including a motion for a bill of particulars, if it is
“clearly erroneous or contrary to law.”
United States v. Tirado, 2018 WL 1806056, at *1
(E.D. Wis. Apr. 16, 2018); United States v. Orrock,
2017 WL 6421328, at *1 (D. Nev. Dec. 14, 2017); United
States v. Hee, 2015 WL 3440047, at *1 (D. Haw. May 28,
threshold of the “clearly erroneous” test is high
and significantly deferential. “A finding is
‘clearly erroneous' when although there is evidence
to support it, the reviewing court on the entire evidence is
left with the definite and firm conviction that a mistake has
been committed.” United States v. U.S. Gypsum
Co., 333 U.S. 364, 395 (1948); United States v.
Mercado-Moreno, 869 F.3d 942, 959 (9th Cir. 2017).
April 17, 2018, Defendant filed his Motion for Bill of
Particulars, seeking: (1) the identity of all alleged
co-conspirators as to count 1; and (2) the overt acts
committed by Defendant, along with the date that he entered
the conspiracy, as to counts 1, 6, and 8. ECF No. 204. The
United States filed an opposition on April 30, 2018, ECF No.
222, and a hearing was held on June 13, 2018. ECF No. 255.
The June 14 Order denied the motion, finding that Defendant
has been adequately advised of the charges against him, and
that the United States has provided full discovery. June 14
Order at 2.
filed a timely appeal to this court, and the United States
filed a reply on July 9, 2018. ECF Nos. 258,
Pursuant to Local Rule 7.2(d), the court finds this matter
suitable for disposition without a hearing.
Rule of Criminal Procedure 7(f) provides for a bill of
The court may direct the government to file a bill of
particulars. The defendant may move for a bill of particulars
before or within 14 days after arraignment or at a later time
if the court permits. The government may amend a bill of