Free Motion to Compel - District Court of California - California

Case 3:08-cr-02424-BTM

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1 ERICK L. GUZMAN California Bar No. 244391 2 FEDERAL DEFENDERS OF SAN DIEGO, INC. 225 Broadway, Suite 900 3 San Diego, CA 92101-5008 Telephone: (619) 234-8467 4 [email protected] 5 Attorneys for Mr. Silva-Vasquez 6 7 UNITED STATES DISTRICT COURT 8 SOUTHERN DISTRICT OF CALIFORNIA 9 (HONORABLE BARRY T. MOSKOWITZ) 10 UNITED STATES OF AMERICA, 11 Plaintiff, 12 v. 13 HAMILTON SILVA-VASQUEZ, 14 Defendant. 15 16 17 TO: 18 19 PLEASE TAKE NOTICE that, on August 29, 2008 at 1:30 p.m., or as soon thereafter as counsel may ) ) ) ) ) ) ) ) ) ) ) ) Case No. 08CR2424-BTM DATE: August 29, 2008 TIME: 1:30 p.m. AMENDED NOTICE OF MOTIONS AND MOTIONS TO: 1) 2) COMPEL DISCOVERY; AND GRANT LEAVE TO FILE FURTHER MOTIONS.

KAREN P. HEWITT, UNITED STATES ATTORNEY; AND CHRISTOPHER. P TENORIO, ASSISTANT UNITED STATES ATTORNEY:

20 be heard, defendant, Hamilton Silva, by and through his attorneys, Erick L. Guzman, and Federal Defenders 21 of San Diego, Inc., will ask this Court to enter an order granting the following motions. 22 // 23 // 24 // 25 // 26 // 27 // 28 //

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MOTIONS Defendant, Hamilton Silva, by and through his attorneys, Erick L. Guzman, and Federal Defenders

3 of San Diego, Inc., asks this Court, pursuant to the United States Constitution, the Federal Rules of Criminal 4 Procedure, and all other applicable statutes, case law, and local rules, for an order to: 5 6 7 (1) (2) Compel Discovery; and Grant Leave to File Further Motions.

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

8 facts and memorandum of points and authorities, the files and records in the above-captioned matter, and any 9 and all other materials that may come to this Court's attention prior to or during the hearing of these motions. 10 11 12 DATED: 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 August 14, 2008 /s/ Erick L. Guzman ERICK L. GUZMAN Federal Defenders of San Diego, Inc. Attorneys for Mr. Silva [email protected] Respectfully submitted,

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1 ERICK L. GUZMAN California State Bar No. 244391 2 FEDERAL DEFENDERS OF SAN DIEGO, INC. 225 Broadway, Suite 900 3 San Diego, California 92101-5008 Telephone No. (619) 234-8467 4 Email: [email protected] 5 Attorneys for Mr. Silva 6 UNITED STATES DISTRICT COURT 7 SOUTHERN DISTRICT OF CALIFORNIA 8 (HONORABLE BARRY T. MOSKOWITZ) 9 UNITED STATES OF AMERICA, 10 11 12 Plaintiff, ) ) ) ) ) ) ) ) ) ) ) ) Criminal No. 08CR2424-BTM DATE: August 29, 2008 TIME: 1:30 p.m. MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF DEFENDANT'S MOTIONS

13 v. HAMILTON SILVA, 14 Defendant. 15 16 17 18

I. STATEMENT OF FACTS1 On June 29, 2008, Mr. Silva was arrested for illegal entry pursuant to 8 U.S.C §1326. On July 28,

19 2008, the government received an indictment, charging Mr. Silva with violating 8 U.S.C §1326(a) & (b). 20 Mr. Silva pled not guilty. These motions follow. 21 22 23 II. COMPEL ALL DISCOVERABLE MATERIAL Mr. Silva requests all discoverable material pursuant to Federal Rule of Criminal Procedure 16, Brady

24 v. Maryland, 373 U.S. 83 (1963), Giglio v. United States, 405 U.S. 150 (1972). This includes material that 25 may support any defense pre-trial motions. See United States v. Cedano-Arellano, 332 F.3d 568 (9th Cir. 26 27 These "facts" are based on discovery provided by the government. Mr. Silva does not concede 28 the veracity of any of these allegations.
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1 2003) (Rule 16 applies to discovery material to defense pre-trial motions); United States v. Gamez-Orduno, 2 235 F.3d 453, 462 (9th Cir. 2000) (Brady applies to material supporting defense pre-trial motions). Mr. Silva 3 also requests any evidence that the government may potentially attempt to enter vis-a-vis rule Federal Rule 4 of Evidence 404(b). 5 Mr. Silva also requests the court to order access to his "A-File" pursuant to Rule 16(a)(1)(B) of the

6 Federal Rule of Criminal Procedure, which provides that "upon request of the defendant, the government 7 shall furnish to the defendant such copy of his prior criminal record, if any, as is within the possession, 8 custody, or control of the government . . . ." 9 Mr. Silva requests all arrest reports, investigator's notes, memos from arresting officers, dispatch

10 tapes, sworn statements, and prosecution reports pertaining to Mr. Silva and available under Fed. R. Crim. 11 P. 16(a)(1)(B) and (C), Fed. R. Crim. P. 26.2 and 12(I). Mr. Silva specifically requests that all dispatch tapes 12 or any other audio or visual tape recordings which exist and which relate in any way to his case and or his 13 arrest be preserved and provided in their entirety. 14 Specifically, Mr. Silva requests a copy of the audiotape of any deportation hearing, as well as a III. 16 LEAVE TO FILE FURTHER MOTIONS 17 18 Mr. Silva has not yet received all requested discovery nor viewed his "A-File." After doing so, it is

15 transcript of any such proceeding.

19 likely that Mr. Silva will need to file additional motions. Mr. Silva respectfully requests the court leave to 20 file further motions if necessary. 21 22 23 24 25 Dated: August 14, 2008 26 27 28 /s/ Erick L. Guzman ERICK L. GUZMAN Federal Defenders of San Diego, Inc. Attorneys for Mr. Silva IV. CONCLUSION Mr. Silva requests that the Court to grant the above motions. Respectfully submitted,

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ERICK L. GUZMAN California State Bar No. 244391 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]
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Attorneys for Hamilton Silva-Vasquez

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA (HONORABLE BARRY T. MOSKOWITZ) ) ) Plaintiff, ) ) v. ) ) HAMILTON SILVA-VASQUEZ, ) ) Defendant. ) ______________________________________ ) UNITED STATES OF AMERICA, Case No. 08CR2424-BTM

CERTIFICATE OF SERVICE

Counsel for Defendant certifies that the foregoing pleading is true and accurate to the best of his information and belief, and that a copy of the foregoing document has been served this day upon: Christopher Paul Tenorio [email protected],[email protected],[email protected] Respectfully submitted,

DATED:

August 14, 2008

/s/ Erick L. Guzman ERICK L. GUZMAN Federal Defenders of San Diego, Inc. Attorneys for Hamilton Silva-Vasquez