Free Motion to Compel - District Court of California - California

Case 3:08-cr-00017-H
1 2 3 4 5 Attorneys for Mr. Reyes-Rodas 6 7 8

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Filed 02/08/2008

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LEILA W. MORGAN California Bar No. 232874 FEDERAL DEFENDERS OF SAN DIEGO, INC. 225 Broadway, Suite 900 San Diego, California 92101-5008 Telephone: (619) 234-8467 [email protected]

UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 (HONORABLE MARILYN L. HUFF) 11 UNITED STATES OF AMERICA, 12 Plaintiff, 13 14 15 16 Defendant. 17 18 ____________________________________ 19 4) 20 21 22 TO: 23 24 PLEASE TAKE NOTICE that on February 8, 2008, at 2:00 p.m., or as soon thereafter as counsel 25 may be heard, defendant, Luis Armando Prado-Franquez, by and through his attorneys, Leila W. Morgan 26 and Federal Defenders of San Diego, Inc., will ask this Court to enter an order granting the following 27 motions. 28 08cr0017-MLH KAREN P. HEWITT, UNITED STATES ATTORNEY, AND JOSEPH ORABONA, ASSISTANT UNITED STATES ATTORNEY: v. EDGAR REYNOLPHO REYES-RODAS, ) ) ) ) ) ) ) ) ) ) ) ) ) ) CASE NO: 08CR0017-MLH DATE: February 11, 2008 TIME: 2:00 p.m.

NOTICE OF MOTIONS AND MOTIONS TO: 1) 2) 3) COMPEL DISCOVERY AND PRESERVE EVIDENCE; DISMISS INDICTMENT FOR FAILURE TO ALLEGE ESSENTIAL ELEMENTS OF THE OFFENSE; SUPPRESS ANY STATEMENTS MADE BY MR. REYES-RODAS; AND, GRANT LEAVE TO FILE FURTHER MOTIONS.

Case 3:08-cr-00017-H
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 Dated: February 8, 2008

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Filed 02/08/2008

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MOTIONS Defendant, Edgar Reynolpho Reyes-Rodas, by and through his attorneys, Leila W. Morgan and Federal Defenders of San Diego, Inc., asks this Court pursuant to the United States Constitution, the Federal Rules of Criminal Procedure, and all other applicable statutes, case law, and local rules for an order to: (1) (2) (3) (4) Compel Discovery and Preserve Evidence; Dismiss Indictment for Failure to Allege Essential Elements of the Offense; Suppress any Statements Made by Mr. Prado-Franquez; 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, the files and records in the above-captioned matter, and any and all other materials that may come to this Court's attention prior to or during the hearing of these motions. Respectfully submitted, s/ Leila W. Morgan LEILA W. MORGAN Federal Defenders of San Diego, Inc. Attorneys for Mr. Reyes-Rodas [email protected]

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08cr0017-MLH