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United States v. D-8 Corey Mills

United States District Court, E.D. Michigan, Southern Division

September 1, 2017

UNITED STATES OF AMERICA, Plaintiff,
v.
D-8 COREY MILLS, Defendant.

          OPINION & ORDER DENYING DEFENDANT'S MOTION FOR BILL OF PARTICULARS (DKT. 220)

          MARK A. GOLDSMITH, UNITED STATES DISTRICT JUDGE.

         This matter is before the Court on Defendant Corey Mills's motion for a bill of particulars (Dkt. 220). This issue has been fully briefed and a hearing was held on August 24, 2017. For the reasons discussed below, the Court denies Mills's motion.

         I. BACKGROUND

         On January 31, 2017, the Government filed its First Superseding Indictment, which charges Mills and the other Defendants with one count of racketeering conspiracy in violation of 18 U.S.C. § 1962(d). See generally 1st Superseding Indictment (Dkt. 39). The indictment alleges that Mills and the other Defendants were members or associates of a street gang known as 6 Mile Chedda Grove, based on the east side of Detroit. Id. ¶ 1. The purpose of the gang allegedly includes “[p]reserving and protecting the power, territory, reputation, and profits of the enterprise through murder, robberies, intimidation, violence, and threats of violence.” Id. ¶ 9. The indictment alleges that the gang's profits derive primarily from the sale and distribution of controlled substances, including crack cocaine, heroin, and morphine. Id. ¶ 6.

         As it relates to Mills in particular, the indictment alleges that he committed the following overt acts:

(21) On or about November 7, 2013, EDWIN MILLS, MARIO JACKSON, COREY MILLS, and 6 Mile member F were present on the premises of a residence in which three firearms, an ammunition magazine, and marijuana were found in Detroit, Michigan.
(23) On or about March 21, 2014, COREY MILLS possessed marijuana in Detroit, Michigan.
(24) On or about June 13, 2014, COREY MILLS possessed marijuana in Detroit, Michigan.
(27) On or about July 31, 2014, COREY MILLS distributed marijuana in Detroit, Michigan.
(50) On or about September 17, 2015, 6 Mile member A uploaded to Facebook a photograph of CARLO WILSON, DONELL THOMPSON, LOMNIL JACKSON, COREY MILLS, and 6 Mile member C displaying 6 Mile hand signs, with a titled that stated “#boyz.”
(51) On or about October 26, 2015, a rap video was published on YouTube titled, “B4 RAP, ” that depicted EDWIN MILLS, CARLO WILSON, LOMNIL JACKSON, COREY MILLS, ROBERT BAYTOPS, MICHAEL RICHARDSON, PHILLIP PEAKS, and 6 Mile member C, and included oral statements by PHILLIP PEAKS about crimes of violence and narcotics possession.
(54) On or about January 28, 2016, COREY MILLS possessed marijuana and a loaded firearm in Detroit, Michigan.

Id. ¶ 12.

         II. ...


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