Free Motion to Compel - District Court of California - California

Case 3:08-cr-00800-BEN

Document 8

Filed 05/05/2008

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1 SARA M. PELOQUIN

California State Bar No.254945
2 FEDERAL DEFENDERS OF SAN DIEGO, INC.

225 Broadway, Suite 900
3 San Diego, California 92101-5008

Telephone: (619) 234-8467
4 Email: [email protected] 5 Attorneys for Mr. Samaniego-Canto 6 7 8 9 10

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA (HONORABLE ROGER T. BENITEZ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) CASE NO. 08CR00800-BEN DATE: May19, 2008 TIME: 2:00 p.m. NOTICE OF MOTIONS AND MOTIONS TO: 1) 2) 3) COMPEL DISCOVERY AND PRESERVE EVIDENCE; DISMISS THE INDICTMENT; AND GRANT LEAVE TO FILE FURTHER MOTIONS

11 UNITED STATES OF AMERICA, 12 13 v. 14 MARIO SAMANIEGO-CANTO, 15 16 17 18

Plaintiff,

Defendant.

TO:
19 20

KAREN P. HEWITT, UNITED STATES ATTORNEY; CHRISTINA MCCALL, ASSISTANT UNITED STATES ATTORNEY PLEASE TAKE NOTICE that, on Monday, May 19, 2008, at 2:00 a.m., or as soon thereafter as

21 counsel may be heard, the accused, Mario Samaniego-Canto, by and through his attorneys, Sara M. Peloquin, 22 and Federal Defenders of San Diego, Inc., will ask this Court to enter an order granting the motions listed 23 below. 24 / / / 25 / / / 26 / / / 27 / / / 28 / / /

Case 3:08-cr-00800-BEN

Document 8

Filed 05/05/2008

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MOTIONS Mario Samaniego-Canto, the accused in this case, by and through his attorneys, Sara M. Peloquin,

3 and Federal Defenders of San Diego, Inc., pursuant to the United States Constitution, Federal Rules of 4 Criminal Procedure, and all other applicable statutes, case law and local rules, hereby moves this Court for 5 an Order: 6 7 8 9

1) 2) 3)

To Compel Further Discovery and Preserve Evidence; Dismiss the Indictment; and To Grant Leave to File Further Motions.

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

10 facts and memorandum of points and authorities, and any and all other materials that may come to this Court's 11 attention at the time of the hearing on these motions. 12 13 14 DATED: May 5, 2008 15 16 17 18 19 20 21 22 23 24 25 26 27 28

Respectfully submitted,

/s/ Sara M. Peloquin SARA M. PELOQUIN Federal Defenders of San Diego, Inc. Attorneys for Mario Samaniego-Canto

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08CR0800-BEN