Free Motion for Order - District Court of California - California

Case 3:08-cr-00644-LAB

Document 10-2

Filed 03/26/2008

Page 1 of 2

1 STEVEN F. HUBACHEK

California State Bar Number 147703
2 FEDERAL DEFENDERS OF SAN DIEGO, INC.

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

Telephone No. (619) 234-8467
4 5 Attorneys for Defendant Orozco Aguirre 6 7 8 9 10

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA (HONORABLE LARRY A. BURNS) ) ) Plaintiff, ) ) v. ) ) VICTOR MANUEL OROZCO-AGUIRRE, ) ) Defendant. ) ) ________________________________________ ) Case No. 08CR0644-LAB

11 UNITED STATES OF AMERICA, 12 13 14 15 16 17 18 19

DECLARATION OF DEFENSE COUNSEL IN SUPPORT OF MOTION FOR ORDER TO SHORTEN TIME

I, Steven F. Hubachek, declare under penalty of perjury that: 1. I am an attorney duly licensed to practice law in the State of California and in the United States

20 District Court for the Southern District of California, and am admitted to practice before the United States 21 Court of Appeals for the Ninth Circuit. 22

2. Counsel was assigned to this case on Thursday, March 20, 2008, only three days before motions

23 were due. 24

3. Counsel is also working on a petition for a writ of certiorari in the case of

Cuevas-Torres v.

25 United States, which is due on Thursday, March 27, 2008. 26

4. Counsel filed substantial motions inUnited States v. Urueta-Herrejon, Case No. 08cr0549-LAB

27 on Monday, March 24, 2008. 28 //

Case 3:08-cr-00644-LAB

Document 10-2

Filed 03/26/2008

Page 2 of 2

1

5. The instant motions involve a Fourth Amendment challenge to the Highway 86 checkpoint, a

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

I swear that, to the best of my knowledge and memory, the foregoing is true and correct.

/s/ Steven F. Hubachek STEVEN F. HUBACHEK

08CR0644-LAB