Free Motion to Dismiss - District Court of California - California

Case 3:08-cr-01197-LAB 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 v. MOHAMED MILOUDI, Defendant.

Document 16

Filed 05/22/2008

Page 1 of 2

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. Mohamed Miloudi

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA (HONORABLE LARRY BURNS) UNITED STATES OF AMERICA, Plaintiff, ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) CASE NO.: 08CR1197-LAB DATE: MAY 27, 2008 TIME: 2:00 P.M. NOTICE OF MOTIONS AND MOTIONS TO: 1) 2) DISMISS COUNT TWO AS MULTIPLICITOUS; DISMISS COUNT TWO FOR LACK OF JURISDICTION BECAUSE 18 U.S.C. § 1028A DOES NOT APPLY TO FOREIGN NATIONALS; DISMISS INDICTMENT DUE TO IMPROPER GRAND JURY INSTRUCTIONS; COMPEL PRODUCTION GRAND JURY TRANSCRIPTS; AND, DISMISS THE INDICTMENT FOR VIOLATION OF MR. MILOUDI'S DUE PROCESS RIGHTS.

3) 4) 5)

____________________________________ 21 22 23 24 25 26 27 28 TO:

KAREN P. HEWITT, UNITED STATES ATTORNEY, AND REBECCA KANTER, ASSISTANT UNITED STATES ATTORNEY: PLEASE TAKE NOTICE that on May 27, 2008, at 2:00 p.m., or as soon thereafter as counsel may

be heard, defendant, Mr. Mohamed Miloudi, 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. // 08CR1197-LAB

Case 3:08-cr-01197-LAB 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Dated: May 22, 2008 (3) (4) (5)

Document 16

Filed 05/22/2008

Page 2 of 2

MOTIONS Defendant, Mohamed Miloudi, 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) Dismiss Count Two as Multiplicitous; Dismiss Count Two For Lack of Jurisdiction Because 18 U.S.C. § 1028A Does Not Apply to Foreign Nationals; Dismiss the Indictment due to improper Grand Jury instructions; Compel Production Grand Jury Transcripts; And, Dismiss the Indictment for Violation of Mr. Miloudi's Due Process Rights.

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. Mohamed Miloudi [email protected]

2

08CR1197-LAB