Free Motion to Dismiss - District Court of California - California

Case 3:08-cr-00805-W
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Document 10

Filed 04/22/2008

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SARA M. PELOQUIN Federal Defenders of San Diego, Inc. California State Bar No. 254945 225 Broadway, Suite 900 San Diego, CA 92101-5030 (619) 234-8467/Fax: (619) 687-2666 E-Mail: [email protected] Attorneys for Mrs. Pozo-Campillo,

UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 (HONORABLE THOMAS J. WHELAN) 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PLEASE TAKE NOTICE that on May 5, 2008 at 2:00 p.m., or as soon thereafter as counsel may be heard, Yliana Pozo-Campillo, by and through her attorneys, Sara M. Peloquin, and Federal Defenders of San Diego, Inc., will ask this Court to enter an order granting the following motions. // // // // 08CR0805-W ) CASE NO. 08CR0805 -W ) Plaintiff, ) DATE: May 5, 2008 ) TIME: 2:00 P.M. v. ) ) NOTICE OF MOTIONS AND MOTIONS TO: YLIANA POZO-CAMPILLO ) ) (1) DISMISS THE INDICTMENT DUE TO Defendant. ) UNCONSTITUTIONALITY OF STATUTE DISMISS THE INDICTMENT FOR ) (2) GRAND JURY VIOLATION; ) ) (3) SUPPRESS STATEMENTS; ) (4) SUPPRESS EVIDENCE COMPEL DISCOVERY; ) (5) PRESERVE EVIDENCE; AND ) (6) ) (7) GRANT LEAVE TO FILE FURTHER ) MOTIONS TO: KAREN HEWITT, UNITED STATES ATTORNEY, AND LAWRENCE A. CASPER, ASSISTANT UNITED STATES ATTORNEY: UNITED STATES OF AMERICA,

Case 3:08-cr-00805-W
1 2 3 4 5 6 7 8 9 10 11 12 13 14 Dated: April 22, 2008 15 16 17 18 19 20 21 22 23 24 25 26 27 28

Document 10

Filed 04/22/2008

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MOTIONS Yliana Pozo-Campillo, by and through her attorneys, Sara M. Peloquin and Federal Defenders of San Diego Inc., asks this Court pursuant to the United States Constitution, the Federal Rules of Criminal Procedure, and all other applicable statutes, case law, and local rules for an order to: (1) (2) (3) (4) (5) (6) (7) Dismiss the Indictment Due to Unconstitutionality of the Statute Dismiss the Indictment for Grand Jury Violation; Suppress Statements; Suppress Evidence Obtained by the Unreasonable Search of the Cellphone Compel Discovery Preserve Evidence; and Grant Leave to File Further Motions.

These motions are based upon the instant motions and notice of motions, the attached statement of facts and memorandum of points and authorities, the files and records in the above-captioned matter, and any and all other materials that may come to this Court's attention prior to or during the hearing of these motions. Respectfully submitted, s/ Sara M. Peloquin SARA M. PELOQUIN Federal Defenders of San Diego, Inc. Attorney for Mrs. Pozo-Campillo

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08CR0805-W