Free Motion to Preserve Evidence - District Court of California - California

Case 3:07-cr-03207-DMS

Document 10

Filed 12/28/2007

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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: January 11, 2008 11:00 a.m.

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

NOTICE OF MOTIONS AND MOTIONS TO: 1) 2) 3) 4) PRESERVE EVIDENCE AND COMPEL DISCOVERY; DISMISS THE INDICTMENT DUE TO FAILURE TO ALLEGE ESSENTIAL ELEMENTS OF THE OFFENSE; DISMISS THE INDICTMENT BECAUSE THE CHARGING STATUTE IS UNCONSTITUTIONAL; 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 January 11, 2008, at 11:00 a.m., or as soon thereafter as counsel

24 may be heard, defendant Elfego Arce-Martinez, 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 3:07-cr-03207-DMS

Document 10

Filed 12/28/2007

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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 10 (1) (2) (3) (4) Preserve Evidence and Compel Discovery; Dismiss the Indictment Due to Failure to Allege Essential Elements of the Offense; Dismiss the Indictment Because the Charging Statute is Unconstitutional; and Grant Leave to File Further Motions.

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

11 facts and memorandum of points and authorities, the files and records in the above-captioned matter, and any 12 and all other materials that may come to this Court's attention prior to or during the hearing of these motions. 13 14 15 DATED: 16 17 18 19 20 21 22 23 24 25 26 27 28 December 28, 2007 /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