Free Motion to Compel - District Court of California - California

Case 3:07-cr-02873-LAB
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Document 9

Filed 10/23/2007

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CANDIS MITCHELL California Bar No. 242797 FEDERAL DEFENDERS OF SAN DIEGO, INC. 225 Broadway, Suite 900 San Diego, California 92101-5008 Telephone: (619) 234-8467 [email protected] Attorneys for Mr. Jose Maria Perez-Negrete

6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 (HONORABLE LARRY A. BURNS) 11 UNITED STATES OF AMERICA, 12 Plaintiff, 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PLEASE TAKE NOTICE that on November 26, 2007, at 2:00 p.m., or as soon thereafter as counsel may be heard, defendant, Jose Maria Perez-Negrete, by and through his attorneys, Candis Mitchell and Federal Defenders of San Diego, Inc., will ask this Court to enter an order granting the following motions. /// 07CR2873-LAB TO: KAREN P. HEWITT, INTERIM UNITED STATES ATTORNEY, AND CHRISTINA M MCCALL, ASSISTANT UNITED STATES ATTORNEY: 4) ____________________________________ v. JOSE MARIA PEREZ-NEGRETE, Defendant. ) ) ) ) ) ) ) ) ) ) ) ) ) ) CASE NO.: DATE: TIME: 07CR2873-LAB NOVEMBER 26, 2007 2:00 P.M.

NOTICE OF MOTIONS AND MOTIONS TO: 1) 2) 3) COMPEL DISCOVERY AND PRESERVE EVIDENCE; DISMISS INDICTMENT FOR FAILURE TO ALLEGE ESSENTIAL ELEMENTS OF THE OFFENSE; SUPPRESS ANY STATEMENTS MADE BY MR. PEREZ-NEGRETE; AND, GRANT LEAVE TO FILE FURTHER MOTIONS.

Case 3:07-cr-02873-LAB
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Document 9

Filed 10/23/2007

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MOTIONS Defendant, Jose Maria Perez-Negrete, by and through his attorneys, Candis Mitchell and Federal Defenders of San Diego, Inc., asks this Court pursuant to the United States Constitution, the Federal Rules of Criminal Procedure, and all other applicable statutes, case law, and local rules for an order to: (1) (2) (3) (4) Compel Discovery and Preserve Evidence; Dismiss Indictment for Failure to Allege Essential Elements of the Offense; Suppress any Statements Made by Mr. Perez-Negrete; and Grant Leave to File Further Motions.

These motions are based upon the instant motions and notice of motions, the attached statement of facts and memorandum of points and authorities, the files and records in the above-captioned matter, and any and all other materials that may come to this Court's attention prior to or during the hearing of these motions. Respectfully submitted, s/ Candis Mitchell CANDIS MITCHELL Federal Defenders of San Diego, Inc. Attorneys for Mr. Jose Maria Perez-Negrete [email protected]

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07CR2873-LAB