Free Motion to Dismiss Indictment due to improper Grand Jury Instructions - District Court of California - California

Case 3:08-cr-00646-WQH

Document 13

Filed 03/27/2008

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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. Jose Maria Salcedo

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA (HONORABLE WILLIAM Q. HAYES) UNITED STATES OF AMERICA, Plaintiff, v. JOSE MARIA SALCEDO, Defendant. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No.: 08cr0646-WQH Date: Time: April 18, 2008 1:00 p.m.

NOTICE OF MOTIONS AND MOTIONS TO: (1) DISMISS INDICTMENT DUE TO IMPROPER GRAND JURY INSTRUCTIONS; (2) DISMISS INDICTMENT BECAUSE THE DRUG STATUTES ARE FACIALLY UNCONSTITUTIONAL; (3) MOTION TO SUPPRESS STATEMENTS; AND (4) 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 ANDREW SCHOPLER, ASSISTANT UNITED STATES ATTORNEY: PLEASE TAKE NOTICE that on April 18, 2008, at 1:00 p.m., or as soon thereafter as counsel may

be heard, the accused, Jose Maria Salcedo, 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-00646-WQH

Document 13

Filed 03/27/2008

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

MOTIONS Defendant, Mr. Salcedo, 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) Dismiss Indictment Due to Improper Grand Jury Instructions; Dismiss Indictment Because the Drug Statutes Are Facially Unconstitutional; Motion to Suppress Statements; 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. Salcedo [email protected]