Free Motion to Dismiss Indictment due to improper Grand Jury Instructions - District Court of California - California

Case 3:07-cr-03409-H

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Filed 01/23/2008

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LEILA W. MORGAN California State Bar No. 232874 FEDERAL DEFENDERS OF SAN DIEGO, INC. 225 Broadway, Suite 900 San Diego, CA 92101-5030 (619) 234-8467/Fax: (619) 687-2666 E-Mail: [email protected] Attorneys for Mr. Espinoza De Leon

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA (HONORABLE MARILYN L. HUFF) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. 07CR3409 DATE: January 28, 2008 TIME: 2:00 p.m. NOTICE OF MOTIONS AND MOTIONS: TO DISMISS THE INDICTMENT DUE TO THE GRAND JURY'S BEING IMPROPERLY CHARGED; (2) TO COMPEL DISCOVERY; (3) TO PRESERVE AND REWEIGH NARCOTICS EVIDENCE; AND (4) TO GRANT LEAVE TO FILE FURTHER MOTIONS (1)

11 UNITED STATES OF AMERICA, 12 13 v. 14 JOSE ESPINOZA DE LEON, 15 16 17 18 19 20 TO: 21 22 Defendant. Plaintiff,

KAREN HEWITT, UNITED STATES ATTORNEY; AND RANDY K. JONES, ASSISTANT UNITED STATES ATTORNEY: PLEASE TAKE NOTICE that on January 28, at 2:00 p.m., or as soon thereafter as counsel

23 may be heard, the defendant, Jose Espinoza De Leon, by and through his counsel, Leila W. Morgan, 24 and Federal Defenders of San Diego, Inc., will ask this Court to enter an order granting the following 25 motions. 26 27 MOTIONS The defendant, Jose Espinoza De Leon, by and through his attorneys, Leila W. Morgan, and

28 Federal Defenders of San Diego, Inc., pursuant to the United States Constitution, the Federal Rules

Case 3:07-cr-03409-H

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Filed 01/23/2008

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1 of Criminal Procedure, and all other applicable statutes, case law and local rules, hereby moves this 2 Court for an order to: 3 4 5 These motions are based upon the instant motions and notice of motions, the attached 6 statement of facts and memorandum of points and authorities, and all other materials that may come 7 to this Court's attention at the time of the hearing on these motions. 8 Respectfully submitted, 9 10 DATED: January 22, 2008 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 07cr3409-MLH /s/ Leila W. Morgan LEILA W. MORGAN Federal Defenders of San Diego, Inc. Attorneys for Mr. Espinoza De Leon [email protected] 1) 2) 3) 4) Dismiss the indictment due to the grand jury's being improperly charged; Compel discovery To Preserve and Reweigh Narcotics Evidence; Grant leave to file further motions.

Case 3:07-cr-03409-H

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Filed 01/23/2008

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CERTIFICATE OF SERVICE Counsel for Defendant certifies that the foregoing pleading is true and accurate to the best

3 of her information and belief, and that a copy of the foregoing document has been served this day 4 upon: 5 Randy K. Jones U S Attorneys Office Southern District of California 6 Criminal Division 880 Front Street 7 Room 6293 San Diego, CA 92101 8 (619)557-5610 Fax: (619)235-2757 9 Email: [email protected] 10 Dated: January 23, 2008 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3 07cr3409-MLH /s/ Leila W. Morgan LEILA W. MORGAN Federal Defenders 225 Broadway, Suite 900 San Diego, CA 92101-5030 (619) 234-8467 (tel) (619) 687-2666 (fax) [email protected]