Free Motion to Dismiss Indictment - District Court of California - California

Case 3:08-cr-00094-JLS

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Filed 09/11/2008

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ROBERT C. SCHLEIN California State Bar No. 97876 401 "B" Street, Suite 2209 San Diego, CA 92101 Telephone: (619) 235-9026 Email: [email protected] Attorney for Ezequiel Manzo-Gaitan

5 6 7 8 9 10 11 12 13 14 15 16 TO: 17 18 PLEASE TAKE NOTICE that on September 26, 2008 at 2 p.m., or as soon thereafter as 19 counsel may be heard, the defendant, Ezequiel Manzo-Gaitan, by and through his counsel, Robert C. 20 Schlein, will move this court to dismiss the indictment and acquit Mr. Manzo-Gaitan of all charges 21 contained within, as well as grant an evidentiary hearing to allow exculpatory evidence to come to light. 22 /// 23 /// 24 /// 25 /// 26 /// 27 /// 28
Defendant's Motion to Dismiss Indictment and Grant an Evidentiary Hearing 1

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA (HONORABLE JANIS L. SAMMARTINO) ) ) Plaintiff, ) ) v. ) ) EZEQUIEL MANZO-GAITAN, ) ) Defendant. ) ) ) ____________________________________) UNITED STATES OF AMERICA, Case: 08cr0094-JLS Date: September 26, 2008 Time: 2 p.m. NOTICE OF MOTION AND MOTION TO: 1) DISMISS THE INDICTMENT BECAUSE; THE DEFENDANT WAS NEVER FREE FROM "OFFICIAL RESTRAINT"; 2) GRANT AN EVIDENTIARY HEARING

KAREN P. HEWITT, UNITED STATES ATTORNEY, and REBECCA KANTER, ASSISTANT UNITED STATES ATTORNEY

Case 3:08-cr-00094-JLS

Document 25

Filed 09/11/2008

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/// MOTIONS The defendant, Ezequiel Manzo-Gaitan, by and through his counsel, Robert C. Schlein, asks this Court pursuant to the United States Constitution, Federal Rules of Criminal Procedure 7(d), 12, 16, 26.2, 29, and all other applicable statutes and local rules for an order to: 1. Dismiss all counts of the indictment because Mr. Manzo-Gaitan was never free from official restraint during his entry into the United States; Grant an evidentiary hearing.

7 2. 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Dated:

These motions are based on upon the instant motions, the notice of motions, the attached statements of facts and memorandum of points and authorities, the attached affidavit, the files and records in the above-entitled case, and any and all other information that may be brought to the Court's attention prior to or during the hearing on these motions.

Respectfully submitted,

September 11, 2008

/s/ROBERT C. SCHLEIN Robert C. Schlein Attorney-at-Law Attorney for Defendant MANZO-GAITAN [email protected]

Defendant's Motion to Dismiss Indictment and Grant an Evidentiary Hearing 2