Free Motion to Dismiss Indictment - District Court of California - California

Case 3:08-cr-00719-L

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Filed 04/01/2008

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1 JENNIFER L. COON California State Bar No. 203913 2 FEDERAL DEFENDERS OF SAN DIEGO, INC. 225 Broadway, Suite 900 3 San Diego, CA 92101-5008 (619) 234-8467/Fax: (619) 687-2666 4 E-Mail: [email protected] 5 Attorneys for Mr. Hernandez-Rivera 6 7 8 9 10 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA (HONORABLE M. JAMES LORENZ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) CASE NO. 08CR0719-L DATE: TIME: April 14, 2008 2:00 p.m.

11 UNITED STATES OF AMERICA, 12 13 v. 14 RIGOBERTO HERNANDEZ-RIVERA, 15 16 17 18 19 20 21 TO: 22 23 Defendant. Plaintiff,

NOTICE OF MOTIONS AND MOTIONS TO: 1) 2) 3) 4) 5) DISMISS THE INDICTMENT; STRIKE SURPLUSAGE FROM THE INDICTMENT; PRODUCE GRAND JURY TRANSCRIPTS; COMPEL DISCOVERY AND PRESERVE EVIDENCE; AND GRANT LEAVE TO FILE FURTHER MOTIONS

KAREN P. HEWITT, UNITED STATES ATTORNEY; AND ASSIGNED ASSISTANT UNITED STATES ATTORNEY: PLEASE TAKE NOTICE that, on April 14, 2008, at 2:00 p.m., or as soon thereafter as counsel may

24 be heard, defendant Rigoberto Hernandez-Rivera, by and through his attorneys, Jennifer L. Coon and 25 Federal Defenders of San Diego, Inc., will ask this Court to enter an order granting the following motions. 26 // 27 // 28 //

Case 3:08-cr-00719-L

Document 4

Filed 04/01/2008

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MOTIONS Defendant Rigoberto Hernandez-Rivera, by and through his attorneys, Jennifer L. Coon and

3 Federal Defenders of San Diego, Inc., asks this Court pursuant to the United States Constitution, the 4 Federal Rules of Criminal Procedure, and all other applicable statutes, case law, and local rules for an order 5 to: 6 7 8 9 10 11 (1) (2) (3) (4) (5) Dismiss the Indictment; Strike Surplusage from the Indictment; Produce Grand Jury Transcripts; Compel Discovery and Preserve Evidence; and Grant Leave to File Further Motions.

These motions are based upon the instant motions and notice of motions, the attached statement of

12 facts and memorandum of points and authorities, the files and records in the above-captioned matter, and any 13 and all other materials that may come to this Court's attention prior to or during the hearing of these motions. 14 15 16 DATED: 17 18 19 20 21 22 23 24 25 26 27 28 April 1, 2008 /s/ Jennifer L. Coon JENNIFER L. COON Federal Defenders of San Diego, Inc. Attorneys for Mr. Hernandez-Rivera Respectfully submitted,

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08CR0719-L