Free Motion to Sever Defendants - District Court of California - California

Case 3:08-cr-00650-JM

Document 42

Filed 05/12/2008

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JOHN C. ELLIS, JR. California State Bar No. 228083 FEDERAL DEFENDERS OF SAN DIEGO, INC. 225 Broadway, Suite 900 San Diego, California 92101-5008 Telephone: (619) 234-8467 E-mail: [email protected] Attorneys for Mr. Lawrence Doss (2)

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA (HONORABLE JEFFREY T. MILLER) UNITED STATES OF AMERICA, Plaintiff, v. LAWRENCE DOSS (2), Defendant. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No.: 08cr0650-02-JM Date: Time: May 23, 2008 11:00 p.m.

NOTICE OF MOTIONS AND MOTIONS TO: (1) (2) (3) (4) (5) SEVER DEFENDANTS; SUPPRESS STATEMENTS; SUPPRESS ALL EVIDENCE SEIZED IN VIOLATION OF THE FOURTH AMENDMENT; DISMISS INDICTMENT DUE TO MISINSTRUCTION OF GRAND JURY; AND GRANT LEAVE TO FILE FURTHER MOTIONS

16 17 18 19 20 21 22 23 24 25 26 27 28 ___________________________________ TO:

KAREN P. HEWITT, UNITED STATES ATTORNEY; AND STEVEN DE SALVO, ASSISTANT UNITED STATES ATTORNEY: PLEASE TAKE NOTICE that on Friday, May 23, 2008, at 11:00 a.m., or as soon thereafter as

counsel may be heard, the accused, Lawrence Doss, by and through his attorneys, John C. Ellis, Jr. and Federal Defenders of San Diego, Inc., will ask this Court to enter an order granting the motions outlined below. //// //// ////

Case 3:08-cr-00650-JM

Document 42

Filed 05/12/2008

Page 2 of 2

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

MOTIONS Defendant, Mr. Doss, by and through his attorneys, John C. Ellis, Jr. and Federal Defenders of San Diego, Inc., pursuant to the United States Constitution, the Federal Rules of Criminal Procedure, and all Other Applicable Statutes, Case Law and Local Rules, Hereby Moves this Court for an Order To: 1) 2) 3) 4) 5) Sever Defendants; Suppress Statements; Suppress All Evidence Seized In Violation of the Fourth Amendment; Dismiss Indictment Due to Misinstruction of Grand Jury; 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, and any and all other materials that may come to this Court's attention at or before the time of the hearing on these motions. Respectfully submitted,

s/ John C. Ellis, Jr. JOHN C. ELLIS, JR. Federal Defenders of San Diego, Inc. Attorneys for Mr. Doss [email protected]