Free Motion to Dismiss - District Court of California - California

Case 3:07-cr-03207-DMS

Document 15

Filed 02/22/2008

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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. Elfego Arce-Martinez 6 7 8 9 10 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA (HONORABLE DANA M. SABRAW) ) ) ) ) ) ) ) ) ) ) ) ) ) ) CASE NO. 07CR3207-DMS DATE: TIME: March 7, 2008 11:00 a.m.

11 UNITED STATES OF AMERICA, 12 13 v. 14 ELFEGO ARCE-MARTINEZ, 15 16 17 18 19 TO: 20 21 Defendant. Plaintiff,

NOTICE OF MOTIONS AND MOTIONS TO: 1) 2) 3) DISMISS THE INDICTMENT DUE TO INVALID DEPORTATION; TO SUPPRESS STATEMENTS; AND GRANT LEAVE TO SUPPLEMENT MOTIONS AND TO FILE FURTHER MOTIONS

KAREN P. HEWITT, UNITED STATES ATTORNEY; AND CHRISTOPHER M. ALEXANDER, ASSISTANT UNITED STATES ATTORNEY: PLEASE TAKE NOTICE that, on March 7, 2008, at 11:00 a.m., or as soon thereafter as counsel may

22 be heard, defendant Elfego Arce-Martinez, by and through his attorneys, Jennifer L. Coon and 23 Federal Defenders of San Diego, Inc., will ask this Court to enter an order granting the following motions. 24 // 25 // 26 // 27 // 28 //

Case 3:07-cr-03207-DMS

Document 15

Filed 02/22/2008

Page 2 of 2

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MOTIONS Defendant Elfego Arce-Martinez, 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 (1) (2) (3) Dismiss the Indictment Due to Invalid Deportation; Suppress Statements; and Grant Leave to Supplement Motions and to File Further Motions.

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

10 facts and memorandum of points and authorities, the files and records in the above-captioned matter, and any 11 and all other materials that may come to this Court's attention prior to or during the hearing of these motions. 12 13 14 DATED: 15 16 17 18 19 20 21 22 23 24 25 26 27 28 February 22, 2008 /s/ Jennifer L. Coon JENNIFER L. COON Federal Defenders of San Diego, Inc. Attorneys for Mr. Arce-Martinez Respectfully submitted,

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07CR3207-DMS