Free Motion for Discovery - District Court of California - California

Case 3:08-cr-02198-IEG

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Filed 08/10/2008

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1 BENJAMIN P. LECHMAN California State Bar Number 185729 2 964 Fifth Ave. #320 San Diego, California 92101-5008 3 Telephone: (619) 699-5935 4 Attorney for Defendant Murillo-Carrillo 5 6 7 8 9 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA (HONORABLE IRMA E. GONZALEZ) ) ) Plaintiff, ) ) v. ) ) MANUEL MURILLO-CARRILLO, ) ) Defendant. ) ____________________________________) TO: 16 17 CASE NO. 08CR2198-IEG DATE: August 11, 2008 TIME: 2:00 p.m. NOTICE OF MOTIONS AND MOTION TO: (1) COMPEL FURTHER DISCOVERY

10 UNITED STATES OF AMERICA, 11 12 13 14 15

KAREN HEWITT, UNITED STATES ATTORNEY, AND CAROLINE HAN, ASSISTANT UNITED STATES ATTORNEY: PLEASE TAKE NOTICE that on August 11, 2008, at 2:00 p.m., or as soon thereafter as

18 counsel may be heard, the defendant, Manuel Murillo-Carrillo, by and through his attorney Benjamin P. 19 Lechman, will ask this Court to issue an order granting the motion listed below. 20 // 21 // 22 // 23 // 24 // 25 // 26 // 27 28 1 08CR2198-IEG

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MOTIONS The defendant, Mr. Murillo-Carrillo, by and through his attorney, Benjamin P. Lechman, asks

3 this Court pursuant to the United States Constitution, the Federal Rules of Criminal Procedure, and all 4 other applicable statutes and local rules for an order to: 5 6 1. Compel further discovery.

These motions are based upon the instant motions and notice of motions, the attached statement

7 of facts and memorandum of points and authorities, the files and records in the above-captioned matter, 8 and any and all other materials that may come to this Court's attention prior to or during the hearing of 9 these motions. 10 11 12 13 Dated: August 8, 2008 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 08CR2198-IEG s/Benjamin P. Lechman BENJAMIN P. LECHMAN Attorney for Defendant Murillo-Carrillo Respectfully submitted,

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1 BENJAMIN P. LECHMAN California State Bar Number 185729 2 964 Fifth Ave. #320 San Diego, California 92101-5008 3 Telephone: (619) 699-5935 4 Attorney for Defendant Murillo-Carrillo 5 6 7 8 9 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA (HONORABLE IRMA E. GONZALEZ) ) ) Plaintiff, ) ) v. ) ) MANUEL MURILLO-CARRILLO, ) ) Defendant. ) ____________________________________) CASE NO. 08CR2198-IEG DATE: August 8, 2008 TIME: 2:00 p.m. STATEMENT OF FACTS AND POINTS AND AUTHORITIES IN SUPPORT OF DEFENDANT'S MOTIONS

10 UNITED STATES OF AMERICA, 11 12 13 14 15 16 17 18

I. STATEMENT OF FACTS Mr. Murillo-Carrillo hereby incorporates the statement of facts based on the criminal complaint

19 filed by the government in this case charging a violation of 8 U.S.C. section 1326. However, Mr. 20 Murillo-Carrillo does not accept this statement of facts as his own, and reserves the right to take a 21 contrary position at motions hearing and trial. The facts alleged in these motions are subject to 22 amplification and/or modification at the time these motions are heard. 23 The parties anticipate that this case will resolve with a plea (pursuant to a negotiated plea

24 agreement) to an information not yet filed in this case charging a violation of two counts of 8 U.S.C. 25 section1325. However, for purposes of the Speedy Trial Act, 18 U.S.C. section 3161 et. seq., the parties 26 have mutually agreed to the filing of the instant motion. 27 28 1 08CR2198-IEG

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II. MOTION TO COMPEL DISCOVERY Mr. Murillo-Carrillo moves for the production by the government of all discovery required under

4 the United States Constitution, Fed. R. Crim. P. 16, and federal case law interpreting the respective 5 discovery requirements thereunder. 6 7 8 9 10 11 12 13 Dated: August 8, 2008 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 08CR2198-IEG s/Benjamin P. Lechman BENJAMIN P. LECHMAN Attorney for Defendant Murillo-Carrillo Respectfully submitted, III. CONCLUSION For the foregoing reasons, it is respectfully requested that the Court grant the above motion.

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UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF CALIFORNIA ) ) Plaintiff-Appellee, ) U.S.D.C. No. 08CR2198-IEG ) v. ) PROOF OF SERVICE ) MANUEL MURILLO-CARRILLO, ) ) Defendant-Appellant. ) ____________________________________) I, the undersigned, say: 1) That I am over eighteen years of age, a resident of the County of San Diego, State of

3 UNITED STATES OF AMERICA, 4 5 6 7 8 9 10 11 12

California, and not a party in the within action and that my business address is 964 Fifth Ave. Ste. 320, San Diego, California, 92101-5008; 2) That I served the within NOTICE OF MOTION AND MOTION FOR DISCOVERY by

13 causing to be delivered an one copy thereof to the Office of the Clerk, United States District Court for 14 the Southern District of California, 940 Front Street, San Diego, California, 92101, by posting in the 15 U.S. Mails; and 16 17 18 19 20 21 22 23 24 25 26 27 28 1 08CR2066-BTM (JMA) s/Benjamin P. Lechman BENJAMIN P. LECHMAN 3) That I caused service on the following parties by electronically filing the foregoing with the Clerk of the District Court using its ECF System, which electronically notifies them: [email protected]

I certify under penalty of perjury that the foregoing is true and correct. Executed on August 8, 2008 at San Diego, California.