Free Motion to Compel - District Court of California - California

Case 3:08-cr-00718-W
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Document 9

Filed 04/14/2008

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CANDIS MITCHELL California Bar No. 242797 FEDERAL DEFENDERS OF SAN DIEGO, INC. 225 Broadway, Suite 900 San Diego, California 92101-5008 Telephone: (619) 234-8467 [email protected] Attorneys for Mr. Adan Guerrero-Flores

6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 (HONORABLE THOMAS J. WHELAN) 11 12 13 14 v. 15 ADAN GUERRERO-FLORES, 16 Defendant. 17 18 19 20 ____________________________________ 21 22 23 24 25 26 27 28 08CR0718-W PLEASE TAKE NOTICE that on May 5, 2008, at 2:00 p.m., or as soon thereafter as counsel may be heard, defendant, Adan Guerrero-Flores, by and through his attorneys, Candis Mitchell and Federal Defenders of San Diego, Inc., will ask this Court to enter an order granting the following motions. TO: KAREN P. HEWITT, INTERIM UNITED STATES ATTORNEY, AND CHRISTOPHER ALEXANDER, ASSISTANT UNITED STATES ATTORNEY: UNITED STATES OF AMERICA, Plaintiff, ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) CASE NO.: 08CR0718-W DATE: MAY 5, 2008 TIME: 2:00 P.M. NOTICE OF MOTIONS AND MOTIONS TO: 1) 2) 3) 4) 5) COMPEL DISCOVERY AND PRESERVE EVIDENCE; DISMISS INDICTMENT FOR FAILURE TO ALLEGE ESSENTIAL ELEMENTS OF THE OFFENSE; SUPPRESS ANY STATEMENTS MADE BY MR. GUERRERO-FLORES; DISMISS THE INDICTMENT DUE TO A GRAND JURY VIOLATION; AND, GRANT LEAVE TO FILE FURTHER MOTIONS.

Case 3:08-cr-00718-W
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Document 9

Filed 04/14/2008

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MOTIONS Defendant, Adan Guerrero-Flores, by and through his attorneys, Candis Mitchell 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) Compel Discovery and Preserve Evidence; Dismiss Indictment for Failure to Allege Essential Elements of the Offense; Suppress any Statements Made by Mr. Guerrero-Flores; Dismiss the Indictment Due to a Grand Jury Violation; 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/ Candis Mitchell CANDIS MITCHELL Federal Defenders of San Diego, Inc. Attorneys for Mr. Guerrero-Flores [email protected]

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08CR0718-W