Free Motion to Dismiss Indictment - District Court of California - California

Case 3:08-cr-00802-JAH

Document 12

Filed 04/14/2008

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DAVID M.C. PETERSON California State Bar No. 254498 FEDERAL DEFENDERS OF SAN DIEGO, INC. 225 Broadway, Suite 900 San Diego, California 92101-5008 Telephone: (619) 234-8467 [email protected] Attorneys for Mr. Fernandez

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA (HONORABLE JOHN A. HOUSTON) UNITED STATES OF AMERICA, ) ) Plaintiff, ) ) v. ) ) JOSE JUAN FERNANDEZ, ) ) ) Defendant. ) ) ) ) ) ) ) ) ) _____________________________________ ) TO: Case No.: 08cr0802-JAH Date: Time: April 21, 2008 8:30 a.m.

NOTICE OF MOTIONS AND MOTIONS TO: (1) DISMISS INDICTMENT DUE TO UNCONSTITUTIONALITY OF THE STATUTE; (2) DISMISS INDICTMENT DUE TO MISINSTRUCTION OF THE GRAND JURY; (3) PRESERVE AND INSPECT EVIDENCE (4) SUPPRESS STATEMENTS; (5) SUPPRESS EVIDENCE;AND, (6) GRANT LEAVE TO FILE FURTHER MOTIONS

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KAREN P. HEWITT, UNITED STATES ATTORNEY; AND PAUL STARITA, ASSISTANT UNITED STATES ATTORNEY PLEASE TAKE NOTICE that on April 21, 2008, at 8:30 a.m., or as soon thereafter as counsel may

be heard, the accused, Jose Juan Fernandez, by and through his attorneys, David M.C. Peterson and Federal Defenders of San Diego, Inc., will ask this Court to enter an order granting the motions outlined below. // // // 08cr0802-JAH

Case 3:08-cr-00802-JAH

Document 12

Filed 04/14/2008

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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: April 14, 2008

MOTIONS Defendant, Mr. Fernandez, by and through his attorneys, David M.C. Peterson and Federal Defenders of San Diego, Inc., 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 to: (1) (2) (3) (4) (5) (6) Dismiss Indictment Due To Unconstitutionality of the Statute; Dismiss Indictment Due To Misinstruction of the Grand Jury; Preserve and Inspect Evidence; Suppress Statements; Suppress Evidence; 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, and any and all other materials that may come to this Court's attention at or before the time of the hearing on these motions. Respectfully submitted, /s/ David M.C. Peterson David M.C. Peterson Federal Defenders of San Diego, Inc. Attorneys for Mr. Fernandez E-mail: [email protected]

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08cr0802-JAH