Free Motion for Discovery - District Court of California - California

Case 3:07-cr-03469-H

Document 5

Filed 01/08/2008

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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 22, 2008, at 2:00 p.m., or as soon thereafter ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) CASE NO. DATE: TIME: 07cr3469-H January 22, 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 as counsel may be heard, the defendant, Mario Barron-Galvan, by and through his counsel, 24 Robert Rexrode, will ask this Court to enter an order granting the following motions. 25 26 MOTIONS The defendant, Mario Barron-Galvan, by and through his attorney, Robert Rexrode,

27 pursuant to the United States Constitution, the Federal Rules of Criminal Procedure, and all 28 other applicable statutes, case law and local rules, hereby moves this Court for an order:

Case 3:07-cr-03469-H

Document 5

Filed 01/08/2008

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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

5 statement of facts and memorandum of points and authorities, and all other materials that 6 may come to this Court's attention at the time of the hearing on these motion. 7 8 9 10 Dated: January 8, 2008 11 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,