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

Case 3:08-cr-00719-L

Document 12

Filed 06/23/2008

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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: July 7, 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) DISMISS THE INDICTMENT DUE TO INVALID DEPORTATION; AND GRANT LEAVE TO FILE FURTHER MOTIONS

KAREN P. HEWITT, UNITED STATES ATTORNEY; AND NICOLE A. JONES, ASSISTANT UNITED STATES ATTORNEY: PLEASE TAKE NOTICE that, on July 7, 2008, at 2:00 p.m., or as soon thereafter as counsel may be

24 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 12

Filed 06/23/2008

Page 2 of 2

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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 (1) (2) Dismiss the Indictment Due to Invalid Deportation; and Grant Leave to File Further Motions.

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

9 facts and memorandum of points and authorities, the files and records in the above-captioned matter, and any 10 and all other materials that may come to this Court's attention prior to or during the hearing of these motions. 11 12 13 DATED: 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 June 23, 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