Free Motion for Discovery - District Court of California - California

Case 3:08-cr-02103-JM

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1 DAVID J. ZUGMAN California Bar No. 190818 2 964 Fifth Avenue, Suite 300 San Diego, California 92101-5008 3 Telephone: (619) 699-5931 Facsimile: (619) 699-5932 4 [email protected] 5 Attorney for Alejandro Alfaro-Vasquez 6 7 8 9 10 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA (HONORABLE JEFFREY T. MILLER) ) Criminal No. 08CR2103-JM ) Plaintiff, ) Date: July 25, 2008 ) Time: 11:00 a.m. v. ) ) ALEJANDRO ALFARO-VASQUEZ, ) NOTICE OF MOTIONS ) AND MOTIONS TO Defendant. ) 1) PRODUCE DISCOVERY; ) 2) FILE FURTHER MOTIONS ) TO: KAREN P. HEWITT, UNITED STATES ATTORNEY, and DALE BLAKENSHIP, ASSISTANT UNITED STATES ATTORNEY PLEASE TAKE NOTICE that Defendant, Alejandro Alfaro-Vasquez, by and

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

19 through his Counsel, David J. Zugman, files this motion for discovery and 20 to allow filing of further motions to be heard July 25, 2008, at 11:00 21 a.m. before the Honorable Jeffrey T. Miller. 22 23 24 25 26 27 28

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These motions are based upon the facts and law pertaining to this Specifically Mr. Alfaro-Vasquez moves the Court for an order the

3 following: 4 5 6 1) Produce discovery; 2) File Further Motions. This motion is based upon the information received from the

7 government thus far. 8 9 10 Date: July 11, 2008 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 S/David J. Zugman David J. Zugman Attorney for Mr. Alfaro-Vasquez Respectfully Submitted,

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PROOF OF SERVICE I, the undersigned, declare that:

1. I am over eighteen (18) years of age; am a resident of the County of San Diego, State of California; and my business address is 964 4 Fifth Avenue, Suite 300, San Diego, California, 92101-5008. 2. I am effecting service of DEFENDANT'S MOTIONS on the following parties by electronically filing the foregoing with the Clerk of the 6 District Court using its ECF System, which electronically notifies them: 7 8 9 3. I hereby certify that I have mailed the foregoing, by United States 10 Postal Service to the following non-EFC participants in this case: 11 1. N/A Dale Blakenship, Assistant U.S. Attorney Office of the U.S. Attorney 880 Front Street San Diego, CA 92101 5

12 to the last known address, at which place there is delivery service of mail from the United States Postal Service. 13 I declare under penalty of perjury that the foregoing is true and 14 correct. 15 Executed on July 11, 2008.

16 S/David Zugman DAVID J. ZUGMAN 17 18 19 20 21 22 23 24 25 26 27 28

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1 DAVID J. ZUGMAN California Bar No. 190818 2 964 Fifth Avenue, Suite 300 San Diego, California 92101-5008 3 Telephone: (619) 699-5931 Facsimile: (619) 699-5932 4 [email protected] 5 Attorney for Alejandro Alfaro-Vasquez 6 7 8 9 10 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA (HONORABLE JEFFREY T. MILLER) ) ) ) ) ) ) ) ) ) ) Criminal No. 08CR2103-JM

11 UNITED STATES OF AMERICA, 12 13 v. 14 ALEJANDRO ALFARO-VASQUEZ, 15 16 Defendant. Plaintiff,

MEMORANDUM OF POINTS AND AUTHORITIES

I. 17 INTRODUCTION 18 Counsel anticipates asking for a continuance of the motion hearing 19 at the next scheduled hearing. 20 1326 case with a fast-track 48 and then 30 month offer. 21 Vasquez rejected that offer and now the case is set for motions and 22 trial. 23 practice is going to be found in the A-file (if it is found at all.) 24 Consequently, Mr. Alfaro-Vasquez is filing his initial motion for 25 discovery in the hopes that he can file all of his Rule 12 challenges at 26 one time and after having reviewed all of the pertinent discovery. 27 Counsel has been told by the Government that the A-file will be soon 28 08CR2103-JTM As this is a Section 1326 case, the substantial pre-trial motion Mr. AlfaroMr. Alfaro-Vasquez's case is Section

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1 available for inspection. 2 3 4 II. PRODUCE DISCOVERY Mr. Alfaro-Vasquez has requested Rule 12, 16, and 26 by letter Mr. Alfaro-Vasquez

5 dated June 27, 2008, and by phone that same day.

6 reiterates that request now and asks that the Government produced all 7 constitutionally and statutorily required discovery. The Government has 8 produced 67 pages and a DVD of Mr. Alfaro-Vasquez's statement thus far. 9 Mr. Alfaro-Vasquez asks the A-file be produced for his inspection and 10 review. 11 12 13 III. FILE FURTHER MOTIONS Mr. Alfaro-Vasquez also requests that he be allowed to file further Mr. Alfaro-

14 motions as new discovery demonstrates their necessity.

15 Vasquez is not filing his collateral attack on the deportation yet as he 16 has not had access to his A-file which is a prerequisite to filing the 17 motion. 18 19 20 21 22 Dated: July 11, 2008 23 24 25 26 27 28 2 08CR2103-JTM S/ David Zugman David J. Zugman Attorney for Mr. Alfaro-Vasquez IV. CONCLUSION Mr. Alfaro-Vasquez requests that the Court grant this motion. Respectfully submitted,