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

Case 3:08-cr-00090-LAB

Document 18

Filed 02/05/2008

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MICHELLE BETANCOURT California State Bar No. 215035 FEDERAL DEFENDERS OF SAN DIEGO, INC. 225 Broadway, Suite 900 San Diego, California 92101-5008 Telephone: (619) 234-8467 [email protected] Attorneys for Mr. Meza-Padilla

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA (HONORABLE LARRY A. BURNS) ) ) Plaintiff, ) ) v. ) ) JUAN MEZA-PADILLA, ) ) ) Defendant. ) ) ) ) ) ) ____________________________________ ) TO: UNITED STATES OF AMERICA, Case No.: 08CR0090-LAB Date: Time: February 19, 2008 2:00 p.m.

NOTICE OF MOTIONS AND MOTIONS TO: (1) DISMISS THE INDICTMENT DUE TO MISINSTRUCTION OF THE GRAND JURY; (2) SUPPRESS STATEMENTS; (3) PRESERVE AND INSPECT EVIDENCE; (4) COMPEL DISCOVERY; AND (5) GRANT LEAVE TO FILE FURTHER MOTIONS

KAREN P. HEWITT, UNITED STATES ATTORNEY; AND JOSEPH S. SMITH, JR., ASSISTANT UNITED STATES ATTORNEY: PLEASE TAKE NOTICE that, on February 19, 2008, at 2:00 p.m., or as soon thereafter as counsel

may be heard, the accused, Juan Meza-Padilla, by and through his attorneys, Michelle Betancourt and Federal Defenders of San Diego, Inc., will ask this Court to enter an order granting the motions outlined below. // // // //

Case 3:08-cr-00090-LAB

Document 18

Filed 02/05/2008

Page 2 of 2

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 08CR0090-LAB DATED: February 5, 2008 /s/ Michelle Betancourt MICHELLE BETANCOURT Federal Defenders of San Diego, Inc. Attorneys for Mr. Meza-Padilla E-mail: [email protected] MOTIONS Defendant, Mr. Meza-Padilla, by and through his attorneys, Michelle Betancourt 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) Dismiss the Indictment Due to Misinstruction of the Grand Jury; Suppress Statements; Preserve and Inspect Evidence; Compel Discovery; 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,