Free Motion to Modify Conditions of Release - District Court of California - California

Case 3:08-cr-02684-L

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Oliver P. Cleary [SB#168440] LAW OFFICES OF OLIVER P. CLEARY 105 W. F. ST., Fourth Floor San Diego, CA 92101 Tel. (619) 231-8874 Attorney for defendant, CHRISTYAN DUARTE MORENO UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA (HONORABLE ANTHONY J. BATTAGLIA)

UNITED STATES OF AMERICA, Plaintiff, vs. CHRISTYAN DUARTE MORENO, Defendant.

Case No.: 08CR2684 NOTICE OF MOTIONS AND MOTIONS: (1) TO MODIFY DEFENDANT'S CONDITIONS OF RELEASE. Date: August 26, 2008 at 1:30 p.m.

TO: KAREN P. HEWITT, UNITED STATES ATTORNEY AND THE ASSIGNED ASSISTANT UNITED STATES ATTORNEY: PLEASE TAKE NOTICE that on August 26, 2008 at 1:30 p.m., or as soon thereafter as counsel may be heard, Defendant, CHRISTYAN DUARTE MORENO, by and through counsel, Oliver Cleary, will ask this Court to enter an order granting the following motions.

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MOTIONS

Defendant, CHRISTYAN DUARTE MORENO, by and through counsel, Oliver Cleary, pursuant to the United States Constitution, the Federal Rules of Criminal Procedure, and all other applicable statutes, case law and local rules, hereby moves this Court for an Order: 1. To modify CHRISTYAN DUARTE MORENO's conditions of release. These motions are based upon the instant motions and notice of motions, the attached statement of facts and memorandum of points and authorities, and all other materials that may come to this Court's attention at the time of the hearing on these motions. Dated:

s/Oliver Cleary
Attorney for Defendant, CHRISTYAN DUARTE MORENO Email:[email protected]

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Oliver P. Cleary [SB#168440] LAW OFFICES OF OLIVER P. CLEARY 105 W. F. ST., Fourth Floor San Diego, CA 92101 Tel. (619) 231-8874 Attorney for defendant, CHRISTYAN DUARTE MORENO UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA (HONORABLE ANTHONY J. BATTAGLIA) UNITED STATES OF AMERICA, Plaintiff, vs. CHRISTYAN DUARTE MORENO, Defendant. Case No.: 08CR2684 MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF DEFENDANT'S MOTION TO MODIFY CONDIIONS OF RELEASE

STATEMENT OF FACTS In 08CR1192BEN, Mr. CHRISTYAN DUARTE MORENO is charged in a two-count Indictment filed August 12, 2008. Counts 1 alleges that on or about July 13, 2008, ALBERTO RODRIGUEZ-GASCA and CHRISTYAN DUARTE MORENO did knowingly and intentionally import marijuana into the United States from a place outside in violation if Title 21, USC, §952 and 960, and Title 18, USC, §2. Counts 2 alleges that on or about July 13, 2008, ALBERTO RODRIGUEZ-GASCA and CHRISTYAN DUARTE MORENO did knowingly and intentionally possess, with the intent to distribute marijuana in violation of Title 21, USC, §841 (a) (1), and Title 18, USC, §2.

MEMORANDUM OF POINTS AND AUTHORITIES Defendant CHRISTYAN DUARTE MORENO moves this court to modify his conditions of pretrial release. Currently CHRISTYAN DUARTE MORENO is restricted to travel in the
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Southern District of California without permission to enter Mexico. CHRISTYAN DUARTE MORENO would like to request this stipulation be modified contingent upon defendant's oneyear-and-one-month old daughter's residence in Mexicali with defendant's wife. Defendant's daughter, Valeria Moreno-Acosta, and wife, Carolina Acosta, are not United States citizens, therefore not permitted into the United States to visit CHRISTYAN DUARTE MORENO. Surety, Hilda Parra, has agreed to this modification.

CONCLUSION For the reasons stated above, Defendant respectfully requests that this Court grant the foregoing motions.

Dated: August 18, 2008

s/Oliver Cleary
Attorney for Defendant [email protected]

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Oliver P. Cleary [SB#168440] LAW OFFICES OF OLIVER P. CLEARY 105 W. F. ST., Fourth Floor San Diego, CA 92101 Tel. (619) 231-8874 Attorney for defendant, CHRISTYAN DUARTE MORENO UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA (HONORABLE ANTHONY J. BATTAGLIA) UNITED STATES OF AMERICA, Plaintiff, vs. CHRISTYAN DUARTE MORENO, Defendant. IT IS HEREBY CERTIFIED THAT: I, Oliver Cleary, am a citizen of the United States and am at least eighteen years of age. My business address is 105 West F Street, Suite 411, San Diego, California 92101. I have caused service of NOTICE OF MOTION AND MOTIONS: (1) TO COMPEL DISCOVERY; (2) PRESERVE EVIDENCE; AND (3) FOR LEAVE TO FILE FURTHER MOTIONS & MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF DEFENDANT'S MOTIONS. The following recipients are currently on the list to receive e-mail notices for this case and have thus been served electronically at the following email addresses: Case No.: 08CR2684 CERTIFICATE OF SERVICE

U S Attorney at [email protected]
I declare under penalty of perjury that the foregoing is true and correct. Executed on: August 18, 2008

s/Oliver Cleary
Attorney for Defendant Email at [email protected]

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