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

Case 3:08-cr-00019-LAB

Document 7

Filed 01/15/2008

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1 JODI DENISE THORP California State Bar No. 223663 2 427 C Street, Ste. 300 San Diego, California 92101-5008 3 Telephone: (619) 233-3169 [email protected] 4 5 Attorneys for Mr. Barajas-Cruz 6 7 8 9 10 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA (HONORABLE LARRY A. BURNS) ) ) Plaintiff, ) ) v. ) ) SALVADOR BARAJAS-CRUZ, ) ) ) Defendant. ) ) ) ) ) ) ) ) ) _____________________________________ ) Case No.: 08CR0019-LAB Date: Time: January 22, 2008 2:00 p.m.

11 UNITED STATES OF AMERICA, 12 13 14 15 16 17 18 19 20

NOTICE OF MOTIONS AND MOTIONS TO: (1) DISMISS INDICTMENT DUE TO THE UNCONSTITUTIONALITY OF THE CHARGING STATUTES; (2) DISMISS THE INDICTMENT DUE TO MISINSTRUCTION OF THE GRAND JURY; (3) PRESERVE AND INSPECT EVIDENCE; (4) COMPEL DISCOVERY; (5) SUPPRESS STATEMENTS; AND, (6) GRANT LEAVE TO FILE FURTHER MOTIONS

21 TO: 22 23

KAREN P. HEWITT, UNITED STATES ATTORNEY; AND STEWART YOUNG, ASSISTANT UNITED STATES ATTORNEY: PLEASE TAKE NOTICE that on January 22, 2008, at 2:00 p.m., or as soon thereafter as counsel

24 may be heard, the accused, Salvador Barajas-Cruz, by and through his attorney, Jodi Denise Thorp, will ask 25 this Court to enter an order granting the motions outlined below. 26 // 27 // 28 08CR0019-LAB

Case 3:08-cr-00019-LAB

Document 7

Filed 01/15/2008

Page 2 of 2

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MOTIONS Defendant, Mr. Barajas-Cruz, by and through his attorneys, Jodi Denise Thorp, pursuant to the

3 United States Constitution, the Federal Rules of Criminal Procedure, and all other applicable statutes, case 4 law and local rules, hereby moves this Court for an order to: 5 6 7 8 9 These motions are based upon the instant motions and notice of motions, the attached statement of (1) (2) (3) (4) (5) (6) Dismiss the Indictment Due to the Unconstitutionality of the Charging Statutes; Dismiss the Indictment Due to Misinstruction of the Grand Jury; Preserve and Inspect Evidence; Compel Discovery; Suppress Statements; and, Grant Leave to File Further Motions.

10 facts and memorandum of points and authorities, and any and all other materials that may come to this 11 Court's attention at or before the time of the hearing on these motions. 12 13 14 DATED: January 15, 2008 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 08CR0019-LAB s/ Jodi Denise Thorp JODI DENISE THORP Attorneys for Mr. Barajas-Cruz E-mail: [email protected] Respectfully submitted,