United States District Court, C.D. Illinois, Springfield Division
December 21, 2005.
UNITED STATES OF AMERICA, Plaintiff,
JEFFREY CONN, Defendant.
The opinion of the court was delivered by: RICHARD MILLS, Senior District Judge
The Court now considers the parties' Joint Motion to Strike
On June 1, 2005, the Government filed an Information against
Defendant Jeffrey Conn that charged Mr. Conn with bank fraud
pursuant to 18 U.S.C. § 1344. The Information alleged all the
necessary elements of bank fraud but it referred to
18 U.S.C. § 1344(a) and (b) when, in fact, § 1344 does not have a
subparagraph (a) or (b). Instead, the statute consists of § 1344(1) and (2).
The Court brought this matter to counsels' attention after Mr.
Conn's December 19, 2005, Sentencing Hearing. On December 20,
2005, the parties filed a joint motion to strike subparagraphs
"(a) and (b)" from the Information because those subparagraphs
Federal Rule of Criminal Procedure 7(d) allows a court to
strike surplusage from an information upon the defendant's
motion. Amendments to an Indictment will be allowed if they do
not change an essential or material element of the charge. See
United States v. Field, 875 F.2d 130, 133 (7th Cir. 1989).
"This includes the correction of obvious clerical or
typographical errors in the indictment." Id.
In the instant case, the Government filed an Information which
contained a typographical error. The error, a reference to § 1344
"(a) and (b)" instead of "(1) and (2)," did not change an
essential or material element of the bank fraud charge. Thus, the
Information is valid despite the typographical error. See
United States v. Smith, 223 F.3d 554, 571 (7th Cir. 2000) ("In order for an indictment to be valid it must
allege all of the elements which are necessary to constitute a
violation of the statute.").
Ergo, the Joint Motion to Strike Surplusage (d/e 13) is
ALLOWED. The Clerk's Office is directed to strike "(a) and (b)"
from the Information as it pertains to 18 U.S.C. § 1344. The
Judgment and Conviction Order for this case shall refer to
18 U.S.C. § 1344.
IT IS SO ORDERED.
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