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

Case 3:07-cr-03207-DMS

Document 9

Filed 12/28/2007

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1 JENNIFER L. COON California State Bar No. 203913 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] 5 Attorneys for Mr. Elfego Arce-Martinez 6 7 8 9 10 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA (HONORABLE DANA M. SABRAW) ) ) ) ) ) ) ) ) ) ) ) ) ) ) CASE NO. 07CR3207-DMS DATE: TIME: January 11, 2008 11:00 a.m.

11 UNITED STATES OF AMERICA, 12 13 v. 14 ELFEGO ARCE-MARTINEZ, 15 16 17 18 19 TO: 20 21 Defendant. Plaintiff,

NOTICE OF MOTION AND MOTION TO: 1) DISMISS THE INDICTMENT DUE TO IMPROPER GRAND JURY INSTRUCTION

KAREN P. HEWITT, UNITED STATES ATTORNEY; AND NICOLE A. JONES, ASSISTANT UNITED STATES ATTORNEY: PLEASE TAKE NOTICE that, on January 11, 2008, at 11:00 a.m., or as soon thereafter as counsel

22 may be heard, defendant Elfego Arce-Martinez, by and through his attorneys, Jennifer L. Coon and 23 Federal Defenders of San Diego, Inc., will ask this Court to enter an order granting the following motion. 24 // 25 // 26 // 27 // 28 //

Case 3:07-cr-03207-DMS

Document 9

Filed 12/28/2007

Page 2 of 2

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MOTION Defendant Elfego Arce-Martinez, by and through his attorneys, Jennifer L. Coon and

3 Federal Defenders of San Diego, Inc., asks this Court pursuant to the United States Constitution, the 4 Federal Rules of Criminal Procedure, and all other applicable statutes, case law, and local rules for an order 5 to: 6 7 (1) Dismiss the Indictment Due to Improper Grand Jury Instruction.

This motion is based upon the instant motion and notice of motion, the attached statement of facts and

8 memorandum of points and authorities, the files and records in the above-captioned matter, and any and all 9 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 December 28, 2007 /s/ Jennifer L. Coon JENNIFER L. COON Federal Defenders of San Diego, Inc. Attorneys for Mr. Arce-Martinez Respectfully submitted,

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07CR3207-DMS