Free Motion to Compel - District Court of California - California

Case 3:08-cr-00717-BTM

Document 11-2

Filed 04/08/2008

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1 ERICK L. GUZMAN California State Bar No. 244391 2 FEDERAL DEFENDERS OF SAN DIEGO, INC. 225 Broadway, Suite 900 3 San Diego, California 92101-5008 Telephone No. (619) 234-8467 4 Email: [email protected] 5 Attorneys for Mr. Castillo-Sanchez 6 UNITED STATES DISTRICT COURT 7 SOUTHERN DISTRICT OF CALIFORNIA 8 (HONORABLE BARRY T. MOSKOWITZ) 9 UNITED STATES OF AMERICA, 10 11 12 Plaintiff, ) ) ) ) ) ) ) ) ) ) ) ) Criminal No. 08CR0717-BTM DATE: April 18, 2008 TIME: 1:30 P.M. MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF DEFENDANT'S MOTIONS

13 v. AURELIANO CASTILLO-SANCHEZ, 14 Defendant. 15 16 17 18

I. STATEMENT OF FACTS1 On February 12, 2008, Mr. Castillo-Sanchez was arrested for illegal entry pursuant to 8 U.S.C § 1326

19 at the San Ysidro Port of Entry. Prior to that, Mr. Castillo-Sanchez was regarded and fingerprinted. 20 According to documents provided by the government, Mr. Castillo-Sanchez was attempting to enter because 21 his son had recently died and he wanted to visit the grave sight and pay his respects. 22 23 24 II. COMPEL ALL DISCOVERABLE MATERIAL Mr. Castillo-Sanchez requests all discoverable material pursuant to Federal Rule of Criminal

25 Procedure 16, Brady v. Maryland, 373 U.S. 83 (1963), Giglio v. United States, 405 U.S. 150 (1972). This 26 27 These "facts" are based on discovery provided by the government. Mr. Castillo-Sanchez does 28 not concede the veracity of any of these allegations.
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Case 3:08-cr-00717-BTM

Document 11-2

Filed 04/08/2008

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1 includes material that may support any defense pre-trial motions. See United States v. Cedano-Arellano, 332 2 F.3d 568 (9th Cir. 2003) (Rule 16 applies to discovery material to defense pre-trial motions); United States 3 v. Gamez-Orduno, 235 F.3d 453, 462 (9th Cir. 2000) (Brady applies to material supporting defense pre-trial 4 motions). Mr. Castillo-Sanchez also requests any evidence that the government may potentially attempt to 5 enter vis-a-vis rule Federal Rule of Evidence 404(b). 6 Mr. Castillo-Sanchez also requests the court to order access to his "A-File" pursuant to Rule

7 16(a)(1)(B) of the Federal Rule of Criminal Procedure, which provides that "upon request of the defendant, 8 the government shall furnish to the defendant such copy of his prior criminal record, if any, as is within the 9 possession, custody, or control of the government . . . ." 10 Mr. Castillo-Sanchez requests all arrest reports, investigator's notes, memos from arresting officers,

11 dispatch tapes, sworn statements, and prosecution reports pertaining to Mr. Castillo-Sanchez and available 12 under Fed. R. Crim. P. 16(a)(1)(B) and (C), Fed. R. Crim. P. 26.2 and 12(I). Mr. Castillo-Sanchez 13 specifically requests that all dispatch tapes or any other audio or visual tape recordings which exist and which 14 relate in any way to his case and or his arrest be preserved and provided in their entirety. 15 Specifically, Mr. Castillo-Sanchez requests a copy of the audiotape of any deportation hearing, as III. 17 LEAVE TO FILE FURTHER MOTIONS 18 19 Mr. Castillo-Sanchez has not yet received all requested discovery nor viewed his "A-File." After

16 well as a transcript of any such proceeding.

20 doing so, it is likely that Mr. Castillo-Sanchez will need to file additional motions. Mr. Castillo-Sanchez 21 respectfully requests the court leave to file further motions if necessary. 22 23 24 25 26 Dated: April 8, 2008 27 28 /s/ Erick L. Guzman ERICK L. GUZMAN Federal Defenders of San Diego, Inc. Attorneys for Mr. Castillo-Sanchez IV. CONCLUSION Mr. Castillo-Sanchez requests that the Court to grant the above motions. Respectfully submitted,