Free Motion for Discovery - District Court of California - California

Case 3:08-cr-00021-DMS

Document 20

Filed 01/18/2008

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1 MICHELLE BETANCOURT

California State Bar No. 215035
2 FEDERAL DEFENDERS OF SAN DIEGO, INC.

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

(619) 234-8467/Fax: (619) 687-2666
4 E-Mail: [email protected] 5 Attorneys for Cesar Ricardo Fimbres-Perez 6 7 8 9 10

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA (HONORABLE DANA M. SABRAW) ) ) Plaintiff, ) ) v. ) ) CESAR RICARDO FIMBRES-PEREZ, ) ) Defendant. ) ) ) ) ) ) ) ) ) ) ) _____________________________________ ) Case No. 008CR0021-DMS DATE: TIME: February 1, 2008 11:00 a.m.

11 UNITED STATES OF AMERICA, 12 13 14 15 16 17 18 19 20 21 22 TO: 23 24

NOTICE OF MOTIONS AND MOTIONS TO: (1) COMPEL DISCOVERY AND PRESERVE EVIDENCE;

(2)

DISMISS THE INDICTMENT FOR FAILURE TO PRESENT EXCULPATORY EVIDENCE TO THE GRAND JURY;
TO DISMISS COUNT ONE OF THE INDICTMENT; TO PRODUCE GRAND JURY TRANSCRIPTS; TO COMPEL A BILL OF PARTICULARS;

(3)
(4) (5) (6)

GRANT LEAVE TO FILE FURTHER MOTIONS.

KAREN P. HEWITT, UNITED STATES ATTORNEY; AND CHRISTOPHER ALEXANDER ASSISTANT UNITED STATES ATTORNEY: PLEASE TAKE NOTICE that, on Friday, February 1, 2008, at 11:00 a.m., or as soon thereafter

25 as counsel may be heard, the accused, Cesar Ricardo Fimbres-Perez, by and through his attorneys, Michelle 26 Betancourt, and Federal Defenders of San Diego, Inc., will ask this Court to enter an order granting the 27 motions listed below. 28 //

Case 3:08-cr-00021-DMS

Document 20

Filed 01/18/2008

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MOTIONS Cesar Ricardo Fimbres-Perez, the accused in this case, by and through his attorneys, Michelle

3 Betancourt, and Federal Defenders of San Diego, Inc., pursuant to the United States Constitution, the Federal 4 Rules of Criminal Procedure, and all other applicable statutes, case law and local rules, hereby moves this 5 Court for an Order: 6 7 8 9 10 11 12

(1) (2)

to Compel Further Discovery and Preserve Evidence; dismiss the indictment for failure to present Exculpatory evidence to the grand jury;

(3) (4) (5) (6)

to dismiss count one of the indictment; to produce grand jury transcripts; to compel a bill of particulars; to Grant Leave to File Further Motions.

13 These motions are based upon the instant motions and notice of motions, the attached statement of facts and 14 memorandum of points and authorities, and any and all other materials that may come to this Court's attention 15 at the time of the hearing on these motions. 16 17 18 DATED: 19 20 21 22 23 24 25 26 27 28

Respectfully submitted,

January 18, 2008

/s/ Michelle Betancourt MICHELLE BETANCOOURT Federal Defenders of San Diego, Inc. Attorneys for Mr. Cesar Ricardo Fimbres-Perez

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07CR1973-BEN-02