Free Motion for Joinder - District Court of California - California

Case 3:08-cr-02713-LAB

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Filed 09/02/2008

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1 RUSSELL S. BABCOCK California State Bar No. 99130 2 Certified Specialist, Criminal Law State Bar of California Board of Legal Specialization 3 LAW OFFICES OF RUSSELL S. BABCOCK 1901 First Avenue, Ste. 196A 4 San Diego, California 92101 [email protected] 5 (619) 531-0887 6 Attorneys for Defendant, 7 8 9 10 11 12 13 14 15 16 17 ) ) Plaintiff, ) ) v. ) ) ) ) JUAN CARLOS GARCIA, ) ) Defendant. ) _________________________________ ) UNITED STATES OF AMERICA, CASE NO. 08CR2713-LAB MOTION FOR JOINDER WITH MOTIONS PREVIOUSLY FILED DATE: September 22, 2008 TIME: 2:00 P.M. UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA HONORABLE LARRY A. BURNS

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KAREN HEWITT, UNITED STATES ATTORNEY AND TO ANNE PERRY, ASSISTANT UNITED STATES ATTORNEY: PLEASE TAKE NOTICE that on September 22, 2008 at 9:30 a.m., or as soon

20 thereafter as counsel may be heard, the defendant, Juan Carlos Garcia, by and through his 21 counsel Russell S. Babcock, will move this Court to enter an Order allowing joinder with 22 th motions filed by co-counsel as detailed below. 23 Defendant was a passenger in the vehicle driven by his sister, co-defendant, Ana 24 Garcia. Defendant is informed and believes that today co-defendant will be filing motions 25 inter.alia, pertaining to the validity of the vehicle stop, including the lack of reasonable 26 suspicion and excessive force used in the automobile stop. Additionally defendant is 27 informed and believes that co-defendant is filing a discovery motion. Accordingly, in the 28 interest of judicial economy, defendant requests joinder in all motions filed by codefendant.

Case 3:08-cr-02713-LAB

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Filed 09/02/2008

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This motion is based upon the instant Notice of Motion and Motion, Rule 16, Federal

2 Rules of Criminal Procedure, the Due Process Clause of the United States Constitution, the 3 files and records in this cause and any and all matters that may be brought to the attention 4 of this Court prior to the determination of this motion. 5 DATED: September 2, 2008 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 /s/ Russell S. Babcock RUSSELL S. BABCOCK Attorney for Defendant Respectfully submitted,

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Case 3:08-cr-02713-LAB

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Filed 09/02/2008

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PROOF OF SERVICE BY MAIL OR HAND DELIVERY Case Name: United States v. Garcia (Def #2, Juan Garcia) No.: 08-2713-2-LAB

I am employed in the County of San Diego, State of California. I am over the age of 18 and not a party to the within action. My business address is that of 1400 Sixth Ave., Suite #210, San Diego, California 92101 I am not a party to the above-entitled action. I have cause service of Motion for Joinder by electronically filing the foregoing with the Clerk of the District Court using the ECF System, which electronically notifies them: Anne Perry Assistant U.S. Attorney Eric Guzman Attorney for Ana Garcia

Executed on September 2, 2008 at San Diego, California. I declare under penalty of perjury that the above is true and correct. /s/ Russell S. Babcock Russell S. Babcock