Free Motion for Discovery - District Court of California - California

Case 3:07-cr-03469-H

Document 6

Filed 01/14/2008

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1 ROBERT H. REXRODE, III California State Bar No. 230024 2 427 C Street, Suite 300 San Diego, California 92101 3 Telephone: (619) 233-3169, Ext. 13 Facsimile: (619) 684-3553 4 [email protected] 5 Attorneys for Mr. Mario Barron-Galvan 6 7 UNITED STATES DISTRICT COURT 8 SOUTHERN DISTRICT OF CALIFORNIA 9 (HONORABLE MARILYN L. HUFF) 10 UNITED STATES OF AMERICA, 11 12 Plaintiff, 13 v. 14 MARIO BARRON-GALVAN, 15 Defendant. 16 17 18 19 20 TO: 21 22 KAREN P. HEWITT, UNITED STATES ATTORNEY, AND WILLIAM HALL, ASSISTANT UNITED STATES ATTORNEY: PLEASE TAKE NOTICE that on January 28, 2008, at 2:00 p.m., or as soon ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) CASE NO. DATE: TIME: 07cr3469-H January 28, 2008 2:00 p.m.

NOTICE OF MOTIONS: (1) (2) TO COMPEL DISCOVERY; TO DISMISS INDICTMENT DUE TO MISINSTRUCTION; (3) TO DISMISS INDICTMENT FOR FAILURE TO ALLEGE ELEMENTS (4) TO STRIKE SURPLUSAGE; AND, (5) FOR LEAVE TO FILE FURTHER MOTIONS ________________________________

23 thereafter as counsel may be heard, the defendant, Mario Barron-Galvan, by and through his 24 counsel, Robert Rexrode, will ask this Court to enter an order granting the following 25 motions. 26 27 MOTIONS The defendant, Mario Barron-Galvan, by and through his attorney, Robert Rexrode,

28 pursuant to the United States Constitution, the Federal Rules of Criminal Procedure, and all

Case 3:07-cr-03469-H

Document 6

Filed 01/14/2008

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1 other applicable statutes, case law and local rules, hereby moves this Court for an order: 2 3 4 5 1) to compel discovery; 2) to dismiss the indictment due to misinstruction; 3) to dismiss the indictment for failure to allege elements; 4) to strike surplusage; and, 4) for leave to file further motions. These motions are based upon the instant motions and notice of motions, the attached

6 statement of facts and memorandum of points and authorities, and all other materials that 7 may come to this Court's attention at the time of the hearing on these motion. 8 9 10 11 Dated: January 14, 2008 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 07cr3469 /s/ Robert H. Rexrode ROBERT H. REXRODE, III Attorneys for Mr. Barron-Galvan [email protected] Respectfully submitted,