United States v. Am. Waste Fibers Co., Inc., United States of Am. v. Mark Saltzman, 809 F.2d 1044 (4th Cir. 1987). · Go Syfert
United States v. Am. Waste Fibers Co., Inc., United States of Am. v. Mark Saltzman, 809 F.2d 1044 (4th Cir. 1987). Cases Citing This Book View Copy Cite
“when a double jeopardy bar is claimed, the court must examine not just the indictment from the prior proceeding but the entire record.”
62 citation events (30 in the last 25 years) across 13 distinct courts.
Strongest positive: United States v. Tyrek Arrington (ca4, 2023-07-25)
Treatment trajectory · 1988 → 2026 · click a year to view as-of
1988 2007 2026
Top citers, strongest first. 49 distinct citers.
discussed Cited as authority (verbatim quote) United States v. Tyrek Arrington
4th Cir. · 2023 · quote attribution · 1 verbatim quote · confidence high
when a double jeopardy bar is claimed, the court must examine not just the indictment from the prior proceeding but the entire record.
cited Cited as authority (rule) United States v. William Jeffery
4th Cir. · 2024 · confidence medium
Waste Fibers Co., 809 F.2d 1044, 1047 (4th Cir. 1987).
discussed Cited as authority (rule) United States v. Christopher Mitchell
4th Cir. · 2024 · confidence medium
Waste Fibers Co., 809 F.2d 1044, 1047 (4th Cir. 1987) (per curiam) (rejecting the argument that the indictment was too vague, and noting that if the defendant needed more “information to enable it to prepare its defense,” the “proper course [was] to seek a bill of particulars”). 23 USCA4 Appeal: 23-4291 Doc: 50 Filed: 11/07/2024 Pg: 24 of 24 enhancement “was a factor relevant to sentencing and supplied a non-exhaustive list of” facts “that amply supported application of the enhancement in and of themselves”).
cited Cited as authority (rule) DeVaughn v. United States
N.D.W. Va. · 2022 · confidence medium
Waste Fibers Co., 809 F.2d 1044, 1046 (4th Cir. 1987)).
discussed Cited as authority (rule) State v. Alexander M. Schultz
Wis. · 2020 · confidence medium
Waste Fibers Co., 809 F.2d 1044, 1047 (4th Cir. 1987) ("When a Double Jeopardy bar is claimed, the court must examine not just the indictment from the prior proceeding but the entire record." (citation omitted)); Roman, 728 F.2d 846 , 853–54 (7th Cir. 1984) ("It is the record as a whole, therefore, which provides the subsequent protection from double jeopardy, rather than just the indictment[.]"); United States v. Levine, 457 F.2d 1186, 1189 (10th Cir. 1972) ("The entire record of the proceedings may be referred to in the event of a subsequent similar prosecution.
discussed Cited as authority (rule) State v. Alexander M. Schultz
Wis. · 2020 · confidence medium
Waste Fibers Co., 809 F.2d 1044, 1047 (4th Cir. 1987) ("When a Double Jeopardy bar is claimed, the court must examine not just the indictment from the prior proceeding but the entire record." (citation omitted)); Roman, 728 F.2d 846 , 853–54 (7th Cir. 1984) ("It is the record as a whole, therefore, which provides the subsequent protection from double jeopardy, rather than just the indictment[.]"); United States v. Levine, 457 F.2d 1186, 1189 (10th Cir. 1972) ("The entire record of the proceedings may be referred to in the event of a subsequent similar prosecution.
cited Cited as authority (rule) United States v. Keegan Leahy
4th Cir. · 2015 · confidence medium
Waste Fibers Co., 809 F.2d 1044, 1047 (4th Cir.1987); United States v. Jackson, 757 F.2d 1486, 1491 (4th Cir.1985).
cited Cited as authority (rule) United States v. Vanderhorst
D.S.C. · 2014 · confidence medium
Waste Fibers Co., 809 F.2d 1044, 1047 (4th Cir.1987) (indicating that an indictment that does not allege specific acts in violation of the cited statutes may still be sufficient).
cited Cited as authority (rule) United States v. Jackson
E.D.N.C. · 2013 · confidence medium
Waste Fibers Co., Inc., 809 F.2d 1044, 1046 (4th Cir.1987)).
discussed Cited as authority (rule) United States v. Gibson
4th Cir. · 2009 · confidence medium
Waste Fibers Co., Inc., 809 F.2d 1044, 1047 (4th Cir.1987); United States v. Jackson, 757 F.2d 1486, 1491 (4th Cir.1985); United States v. Schembari, 484 F.2d 931, 934-35 (4th Cir.1973). “[A] defendant may show *393 abuse of discretion ... by proving unfair surprise.” Jackson, 757 F.2d at 1491 (citing Wong Tai v. United States, 278 U.S. 77, 82 , 47 S.Ct. 300 , 71 L.Ed. 545 (1927)).
discussed Cited as authority (rule) United States v. Jefferson
E.D. Va. · 2008 · confidence medium
Moreover, as defendant has recognized, an indictment need not “enumerate every possible legal and factual theory of [a defendant’s] guilt.” United States v. American Waste Fibers, Co., Inc., 809 F.2d 1044, 1047 (4th Cir.1987).
discussed Cited as authority (rule) United States v. Bivins
4th Cir. · 2004 · confidence medium
When the indictment is considered “as a whole,” United States v. American Waste Fibers Co., Inc., 809 F.2d 1044, 1046 (4th Cir.1987), it is clear that Bivins was charged with violating § 1957(a) for preparing and providing false mortgage applications for specific properties, thereby facilitating the purchase and sale of real estate that derived from criminal activity.
discussed Cited as authority (rule) United States v. Cuong Gia Le
E.D. Va. · 2004 · confidence medium
Nonetheless, a court assessing a motion to dismiss must keep in mind that the indictment need not set forth with detail the government’s evidence; 8 nor need it enumerate “every possible legal and factual theory of defendants’ guilt.” See United States v. American Waste Fibers Co., 809 F.2d 1044, 1047 (4th Cir.1987).
cited Cited as authority (rule) United States v. Marshall
4th Cir. · 2003 · confidence medium
Waste Fibers Co., 809 F.2d 1044, 1046 (4th Cir.1987).
discussed Cited as authority (rule) United States v. Glennis L. Bolden, United States of America v. Clifford E. Bolden
4th Cir. · 2003 · confidence medium
Waste Fibers Co., Inc., 809 F.2d 1044, 1046 (4th Cir.1987)), the jury, by convicting the Boldens of the money laundering conspiracy alleged, necessarily found that they had conspired with each other, as Count Thirty-Seven alleged, and as the instruction permitted. 26 3.
discussed Cited as authority (rule) United States v. Bolden
4th Cir. · 2003 · confidence medium
Waste Fibers Co., Inc., 809 F.2d 1044, 1046 (4th Cir. 1987)), the jury, by convicting the Boldens of the money laundering conspiracy alleged, necessarily found that they had conspired with each other, as Count Thirty-Seven alleged, and as the instruction permitted.26 26 Even if the jury found that there were additional coconspirators, such as Nelson and Lane, it also found, as the instruction permitted, that the Boldens conspired with each other. 28 UNITED STATES v. BOLDEN 3.
cited Cited as authority (rule) United States v. Burton
4th Cir. · 2002 · confidence medium
United States v. Burgos, 94 F.3d 849, 857 (4th Cir.1996) (en banc); United States v. American Waste Fibers Co., 809 F.2d 1044, 1046 (4th Cir.1987).
cited Cited as authority (rule) United States v. Owen
4th Cir. · 2001 · confidence medium
United States v. American Waste Fibers Co., 809 F.2d 1044, 1046 (4th Cir.1987).
discussed Cited as authority (rule) United States v. Bereano
4th Cir. · 1998 · confidence medium
Federal Rule of Criminal Procedure 7(c)(1) requires that an indict- ment "shall be a plain, concise and definite written statement of the essential facts constituting the offense charged." In order for the 9 indictment to be sufficient, the Court of Appeals must not find that "the indictment as a whole is so vague that it violates defendants' rights." United States v. American Waste Fibers Co., Inc., 809 F.2d 1044, 1046 (4th Cir. 1986).
discussed Cited as authority (rule) United States v. Brown
4th Cir. · 1997 · confidence medium
As to Brown's contention that all of the alleged coconspirators need to be named, in United States v. American Waste Fibers Co. Inc.,24 we upheld the sufficiency of an _________________________________________________________________ 22 See United States v. Miller , 471 U.S. 130, 134-35 (1985) (indictment sufficient where it gave notice allowing defendant to mount defense and allowed defendant to plead it as a bar to subsequent prosecutions). 23 527 F.2d 1107, 1109 (4th Cir. 1975). 24 809 F.2d 1044, 1046 (4th Cir. 1987). 9 indictment alleging a conspiracy with persons known and unknown.
cited Cited as authority (rule) United States v. Ray Levern Fields
4th Cir. · 1996 · confidence medium
United States v. American Waste Fibers Co., 809 F.2d 1044, 1046 (4th Cir.1987).
cited Cited as authority (rule) United States v. Fields
4th Cir. · 1996 · confidence medium
United States v. American Waste Fibers Co., 809 F.2d 1044, 1046 (4th Cir. 1987).
discussed Cited as authority (rule) State v. Wright
Kan. · 1996 · confidence medium
United States v. American Waste Fibers Co., Inc., 809 F.2d 1044, 1047 (4fh Cir. 1987); see U.S. v. Poole, 929 F.2d 1476, 1479 (10th Cir. *130 1991) (whole record of trial, not indictment alone, is basis to determine scope of jeopardy).
discussed Cited as authority (rule) Larry David Holdren v. Carl Legursky, Warden, West Virginia Penitentiary
4th Cir. · 1994 · confidence medium
The indictment tracks the statutory language verbatim, and under our holding in United States v. American Waste Fibers Co., 809 F.2d 1044, 1046-47 (4th Cir.1987), an indictment that tracks statutory language is valid.
cited Cited as authority (rule) United States v. Martins Idusuyi
4th Cir. · 1994 · confidence medium
United States v. American Waste Fibers, 809 F.2d 1044, 1046 (4th Cir.1987).
discussed Cited as authority (rule) United States v. Patricia S. Chichy (92-3481) Shelton Galloway, Jr. (92-3497)
6th Cir. · 1993 · confidence medium
United States v. American Waste Fibers Co., 809 F.2d 1044, 1046 (4th Cir.1987) (per curiam); United States v. Beebe, 792 F.2d 1363, 1366, n. 4 (5th Cir.1986); United States v. Love, 815 F.2d 53, 55 (8th Cir.), cert. denied, 484 U.S. 861, 108 S.Ct. 177 , 98 L.Ed.2d 130 (1987); United States v. Largent, 545 F.2d 1039, 1043 (6th Cir.1976), cert. denied, 429 U.S. 1098 , 97 S.Ct. 1117 , 51 L.Ed.2d 546 (1977).
cited Cited as authority (rule) United States v. Norman Hunter Lamson
4th Cir. · 1993 · confidence medium
If additional facts were needed, Lamson's available remedy was a motion for a bill of particulars. 3 United States v. American Waste Fibers Co., 809 F.2d 1044, 1047 (4th Cir. 1987).
discussed Cited as authority (rule) United States v. Maryland and Virginia Milk Producers Cooperative Association, Inc., D/B/A Marva Maid Dairy
4th Cir. · 1992 · confidence medium
United States v. American Waste Fibers Co., 809 F.2d 1044, 1046-47 (4th Cir. 1987) (indictment need not give all details of government's case or enumerate every possible legal and factual theory of defendant's guilt); United States v. Dunnigan, 944 F.2d 178, 181 (4th Cir. 1991); United States v, Butler, 884 F.2d 195, 199 (4th Cir. 1989); United States v. Stephenson, 924 F.2d 753, 761-62 (8th Cir.); cert. denied, 112 S. Ct. 63 (1991).
cited Cited as authority (rule) United States v. Sharon Dunnigan
4th Cir. · 1991 · confidence medium
United States v. American Waste Fiber Co., 809 F.2d 1044, 1046 (4th Cir.1987).
cited Cited as authority (rule) United States v. Hardy
D. Haw. · 1991 · confidence medium
United States v. American West Fibers Company, 809 F.2d 1044, 1046 (4th Cir.1987).
discussed Cited as authority (rule) United States v. Andrews
N.D. Ill. · 1990 · confidence medium
The fact that the indictment refers to unspecified others, “rather than naming the co-conspirators does not automatically render the indictment invalid.” United States v. American Waste Fibers Co., 809 F.2d 1044, 1046 (4th Cir.1987); see also United States v. Kramer, 711 F.2d 789, 796 (7th Cir.) (discussing variance between indictment and proof, court states that there is “no requirement that a conspiracy indictment identify uncharged co-conspirators”), cert. denied, 464 U.S. 962 , 104 S.Ct. 397 , 78 L.Ed.2d 339 (1983).
cited Cited as authority (rule) United States v. Robert Leslie Maxey, United States of America v. Benner Jones, III
4th Cir. · 1990 · confidence medium
United States v. American Waste Fibers Co. Inc., 809 F.2d 1044, 1046 (4th Cir.1987)
cited Cited as authority (rule) United States v. Justo Enrique Jay
4th Cir. · 1989 · confidence medium
United States v. American Waste Fibers Co., 809 F.2d 1044, 1047 (4th Cir.1987).
discussed Cited as authority (rule) United States v. Elizabeth Silvia
4th Cir. · 1989 · confidence medium
An indictment is sufficient if it "apprises the accused of the charge against him so he can prepare his defense [and] enables the accused to plead the Double Jeopardy bar to reprosecution if he is later charged with the same offense." United States v. American Waste Fibers Co., 809 F.2d 1044, 1046 (4th Cir.1987).
cited Cited as authority (rule) United States v. Maynard Don Cody, United States of America v. Glen Samuel Martin, Jr.
4th Cir. · 1988 · confidence medium
United States v. Hooker, 841 F.2d 1225, 1227 (4th Cir.1988) (en banc); United States v. American Waste Fibers Co., 809 F.2d 1044, 1046 (4th Cir.1987).
cited Cited "see" United States v. Willock
D. Maryland · 2010 · signal: see · confidence high
See United States v. American Waste Fibers Co., 809 F.2d 1044, 1047 (4th Cir.1987).
cited Cited "see" United States v. Willock
D. Maryland · 2010 · signal: see · confidence high
See United States v. American Waste Fibers Co., 809 F.2d 1044, 1047 (4th Cir.1987).
cited Cited "see" United States v. Modi
W.D. Va. · 2001 · signal: see · confidence high
See United States v. Saltzman, 809 F.2d 1044, 1046 (4th Cir.1987). 26 .
cited Cited "see" United States v. Andrej Sarkoezi
4th Cir. · 2000 · signal: see · confidence high
See United States v. American Waste Fibers Co., 809 F.2d 1044, 1046 (4th Cir. 1987).
cited Cited "see" United States v. Davis
4th Cir. · 1999 · signal: see · confidence high
See United States v. Ameri- can Waste Fibers, Co., 809 F.2d 1044, 1046 (4th Cir. 1987).
cited Cited "see" United States v. McBride
4th Cir. · 1999 · signal: see · confidence high
See United States v. American Waste Fibers Co., 809 F.2d 1044, 1046 (4th Cir. 1987).
cited Cited "see" United States v. Osborne
4th Cir. · 1999 · signal: see · confidence high
See United States v. American Waste Fibers, 809 F.2d 1044, 1046 (4th Cir. 1987).
cited Cited "see" United States v. Black
4th Cir. · 1997 · signal: see · confidence high
See United States v. American Waste Fibers Co., 809 F.2d 1044, 1046 (4th Cir. 1987).
discussed Cited "see" United States v. Mark Christopher Poe
4th Cir. · 1996 · signal: see · confidence high
An indictment must advise the defendant of the "nature and cause of the accusation in order that he may meet it and prepare for trial and, after judgment, be able to plead the record and judgment in bar of a further prosecution for the same offense." Wong Tai v. United States, 273 U.S. 77, 80-81 (1927); see United States v. American Waste Fibers Co., 809 F.2d 1044, 1046 (4th Cir.1987).
discussed Cited "see" United States v. Poe
4th Cir. · 1996 · signal: see · confidence high
An indictment must advise the defendant of the "nature and cause of the accusation in order that he may meet it and prepare for trial and, after judgment, be able to plead the record and judgment in bar of a further prosecu- tion for the same offense." Wong Tai v. United States, 273 U.S. 77, 80-81 (1927); see United States v. American Waste Fibers Co., 809 F.2d 1044, 1046 (4th Cir. 1987).
discussed Cited "see" United States v. Michael Chukwuma Izuogu
4th Cir. · 1991 · signal: see · confidence high
See United States v. American Waste Fibers Co., 809 F.2d 1044, 1046-47 (4th Cir.1987); United States v. Amend, 791 F.2d 1120, 1125 (4th Cir.1986); United States v. Kelly, 462 F.2d 372, 374 (4th Cir.1972). 15 Such precedent, coupled with ample evidence of Izuogu's refusal to produce his passport after being presented with a form which enumerated 8 U.S.C.
discussed Cited "see" United States v. James A. Rawle, Jr. (2×) also: Cited "see, e.g."
4th Cir. · 1988 · signal: see · confidence high
Flying Eagle Publications, Inc. v. United States, 273 F.2d 799, 802 (1st Cir.1960); see American Waste Fibers Co., 809 F.2d at 1047 .
discussed Cited "see, e.g." United States v. Lindh
E.D. Va. · 2002 · signal: see also · confidence medium
Thus, “on its face, the Indictment clearly passes muster under the applicable legal standard, as it sets forth the essential elements of the offenses in a manner that fairly informs [defendant] of the nature of the charges against [him].” Brandon, 150 F.Supp.2d at 885 ; see also United States v. American Waste Fibers Co., 809 F.2d 1044, 1046-47 (4th Cir.1987) (holding that the indictment was sufficiently detailed as it “alert[ed] [defendant] to the elements of the offenses by following the language of the statute” and listed several overt acts “together with locations and dates”).
discussed Cited "see, e.g." United States v. Poindexter
D.D.C. · 1990 · signal: see also · confidence medium
See also, United States v. American Waste Fibers Co., Inc., 809 F.2d 1044, 1046 (4th Cir.1987) (existence of the conspiracy, rather than particular identity of the conspirators, is the essential element of the crime); United States v. DeCavalcante, 440 F.2d 1264 (3d Cir.1971) (same); United States v. Davis, 679 F.2d 845, 851-52 (11th Cir.1982), cert. denied, 459 U.S. 1207 , 103 S.Ct. 1198 , 75 L.Ed.2d 441 (1983) (same).
UNITED STATES of America, Plaintiff-Appellant,
v.
AMERICAN WASTE FIBERS CO., INC., Defendant-Appellee; UNITED STATES of America, Plaintiff-Appellant, v. Mark SALTZMAN, Defendant-Appellee
86-5043(L), 86-5057.
Court of Appeals for the Fourth Circuit.
Jan 30, 1987.
809 F.2d 1044
Roy Theodore Englert, Jr., Dept, of Justice (Samuel T. Currin, U.S. Atty., Kieran Joseph Shanahan, Asst. U.S. Atty., on brief), for plaintiff-appellant., Thomas K. Maher (David S. Rudolf, Beskind & Rudolph, P.A., Thomas K. McQueen, Jenner & Block, on brief), for defendants-appellees.
Sprouse, Wilkinson, Haynsworth.
Cited by 58 opinions  |  Published
1 passage pin-cited by 1 case
Pinpoint authority: bottom 77%
Citer courts: Court of Appeals of Virginia (1)
PER CURIAM:

American Waste Fibers Co., Inc. (AWF) was indicted on six counts related to the theft of military property. Mark Saltzman, an employee, was also indicted. The only count of the indictment at issue here is Count I, which alleges that AWF and Saltzman violated 18 U.S.C. §§ 371 and 641 by conspiring to purchase stolen ammunition, food, and camping equipment. During the pendency of this appeal, all counts of Saltzman’s indictment were dismissed pursuant to a plea agreement with the government. The indictment against AWF was not affected.

Before trial, AWF argued that Count I of the indictment should be dismissed for vagueness. The district court agreed. We reverse.

I.

Count I of the indictment states that AWF and Saltzman conspired “with each other and with divers other persons known and unknown to the grand jury.” It then describes nine overt acts of conspiracy, including the purchase and transport of 2,700 M-16 machine gun magazines, 305 cases of C-rations, 2,400 canteen covers, 3,350 tent stakes, and 960 rucksack liners. The goods were allegedly bought by Saltzman from[*1046] General Jackson’s Surplus in Fayetteville, North Carolina; sent by Saltzman and AWF to Chicago, Illinois; and finally received in Chicago by AWF. Saltzman and AWF allegedly knew the goods were stolen from the military.

On April 7, 1986, the trial court dismissed Count I as to AWF. The trial court ruled that a conspiracy cannot exist between a corporation and a single employee, such as Saltzman, acting on its behalf. The court went on to rule that the indictment failed to name any other conspirators and hence did not allege a conspiracy offense. The reference to “divers other persons,” which indicated that conspirators other than AWF and Saltzman were involved, was held to fail the clarity requirement of Fed.R.Crim.P. 7(c)(1).

II.

Fed.R.Crim.P. 7(c)(1) requires that an indictment “shall be a plain, concise and definite written statement of the essential facts constituting the offense charged.” The Fifth Amendment states that “[n]o person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury.” The Sixth Amendment provides that the accused has the right “to be informed of the nature and cause of the accusation.” The government argues that the indictment in this case is not vague and thus meets the requirements of Rule 7 and of the Fifth and Sixth Amendments. We agree.

The fact that the indictment refers to “divers other persons” rather than naming the co-conspirators does not automatically render the indictment invalid. United States v. Indorato, 628 F.2d 711, 717-18 (1st Cir.1980); United States v. Kramer, 711 F.2d 789, 796 (7th Cir.1983). The existence of the conspiracy, rather than the particular identity of the conspirators, is the essential element of the crime. United States v. Davis, 679 F.2d 845, 851 (11th Cir.1982). While two persons are necessary to constitute a conspiracy, “one person can be convicted of conspiring with persons whose names are unknown.” Rogers v. United States, 340 U.S. 367, 375, 71 S.Ct. 438, 443, 95 L.Ed. 344 (1951). Indeed, giving the name of an unindicted co-conspirator in an indictment may be undesirable, as it impugns the person’s name without giving him a chance to refute the allegations in court.

The only question before us, then, is whether the indictment as a whole is so vague that it violates defendants’ rights. To answer this question, we look to the dual purposes of an indictment. First, an indictment apprises the accused of the charge against him so he can prepare his defense; second, an indictment enables the accused to plead the Double Jeopardy bar to reprosecution if he is later charged with the same offense. United States v. Miller, 471 U.S. 130, 105 S.Ct. 1811, 1814, 85 L.Ed.2d 99 (1985); Hamling v. United States, 418 U.S. 87, 117, 94 S.Ct. 2887, 2907, 41 L.Ed.2d 590 (1974); Russell v. United States, 369 U.S. 749, 763-64, 82 S.Ct. 1038, 1046-47, 8 L.Ed.2d 240 (1962).

The indictment in this case is sufficiently detailed to serve those purposes. It alerts AWF to the elements of the offenses by following the language of the statute and listing nine overt acts together with locations and dates. The listed acts include the purchase on three different occasions of specified quantities of stolen property from David Jackson of General Jackson’s Surplus. Further acts include the transportation of specified quantities of stolen goods from Fayetteville, North Carolina to Chicago, Illinois as well as AWF’s receipt of the goods in Chicago.

Such an indictment gives defense counsel adequate notice of the charges and is sufficient to allow defendants to plead it in another prosecution. It is therefore not surprising that a highly similar indictment was upheld by the First Circuit in Indorato, supra. In fact, an indictment that merely tracks the statutory language is ordinarily valid:

It is generally sufficient that an indictment set forth the offense in the words[*1047] of the statute itself, as long as ‘those words of themselves fully, directly, and expressly, without any uncertainty or ambiguity, set forth all the elements necessary to constitute the offense intended to be punished.’

Hamling, 418 U.S. at 117, 94 S.Ct. at 2907. See also United States v. Amend, 791 F.2d 1120, 1125 (4th Cir.1986); United States v. Lurz, 666 F.2d 69, 78 (4th Cir.1981). In Amend, we recently upheld against a vagueness challenge an indictment that neither specified the acts that violated the cited statutes nor identified any of the five other persons whom defendant, to be guilty of a Continuing Criminal Enterprise, was required to manage, organize, or supervise. By comparison, the indictment in this case is a model of particularity.

AWF claims nonetheless that the indictment does not provide enough information to enable it to prepare its defense. If so, AWF’s proper course is to seek a bill of particulars. The indictment notifies AWF of the offenses with which it has been charged; the bill of particulars, if granted, serves to supply the evidentiary details needed to prepare a defense. United States v. Duncan, 598 F.2d 839, 848 (4th Cir.1979). See also United States v. Freeman, 619 F.2d 1112, 1118 (5th Cir.1980); United States v. Haas, 583 F.2d 216, 221 (5th Cir.1978); United States v. Cole, 755 F.2d 748, 760 (11th Cir.1985).

In this regard, the government has already identified David Jackson in open court as a co-conspirator. Whether AWF now possesses sufficient information to prepare a defense is, as always, a matter committed to the sound discretion of the trial court.

We note finally that an indictment need not be so detailed that it can, standing alone, bar a later prosecution. When a Double Jeopardy bar is claimed, the court must examine not just the indictment from the prior proceeding but the entire record. Russell v. United States, 369 U.S. 749, 764, 82 S.Ct. 1038, 1047, 8 L.Ed.2d 240 (1962); United States v. Roman, 728 F.2d 846, 853-54 (7th Cir.1984); United States v. Haldeman, 559 F.2d 31, 126 (D.C.Cir.1976).

In sum, it is incorrect to require, as AWF appears to suggest, that the indictment must enumerate every possible legal and factual theory of defendants’ guilt. The indictment returned by the grand jury against AWF was quite sufficient. The judgment of the district court in No. 86-5043 is therefore reversed and the case is remanded with directions to reinstate Count I of the indictment.

REVERSED AND REMANDED.