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

Case 3:07-cr-03476-JM
1 2 3 4 5 6 7 8 9 10 11 12 13 v. 14 15 16 Defendant. 17 18 19 20 21 22 23 24 25 26 27 28 TO: HECTOR OROZCO-GONZALEZ, Plaintiff,

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VICTOR PIPPINS California State Bar No. 251953 FEDERAL DEFENDERS OF SAN DIEGO, INC. 225 Broadway, Suite 900 San Diego, California 92101-5030 Telephone: (619) 234-8467, Ext. 3714 Facisimile: (619) 687-2666 [email protected] Attorneys for Mr. Hector Orozco-Gonzalez

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA (HONORABLE JEFFREY T. MILLER) UNITED STATES OF AMERICA, ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) CASE NO. 07CR3476-JM DATE: TIME: September 19, 2008 1:30 p.m.

AMENDED NOTICE OF MOTIONS AND MOTIONS: TO DISMISS THE INDICTMENT DUE TO AN INVALID DEPORTATION; (2) TO FILE SUPPLEMENTAL EXHIBIT; AND (3) FOR LEAVE TO FILE FURTHER MOTIONS ________________________________ (1)

KAREN P. HEWITT, UNITED STATES ATTORNEY, AND PETER MAZZA, ASSISTANT UNITED STATES ATTORNEY: PLEASE TAKE NOTICE that on September 19, 2008, at 1:30 p.m., or as soon thereafter as counsel

may be heard, the defendant, Hector Orozco-Gonzalez, by and through his counsel, Victor Pippins and Federal Defenders of San Diego, Inc., will ask this Court to enter an order granting the following motions.

Case 3:07-cr-03476-JM
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: September 5, 2008

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MOTIONS The defendant, Hector Orozco-Gonzalez, by and through his attorneys, Victor Pippins and Federal Defenders of San Diego, Inc., pursuant to the United States Constitution, the Federal Rules of Criminal Procedure, and all other applicable statutes, case law and local rules, hereby moves this Court for an order: 1) to dismiss the indictment due to an invalid deportation; 2) to file supplemental exhibit; and, 3) for 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, and all other materials that may come to this Court's attention at the time of the hearing on these motion. Respectfully submitted,

/s/ Victor Pippins VICTOR PIPPINS Federal Defenders of San Diego, Inc. Attorneys for Mr. Orozco-Gonzalez [email protected]

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CERTIFICATE OF SERVICE Counsel for Defendant certifies that the foregoing is true and accurate to the best information and belief, and that a copy of the foregoing document has been caused to be delivered this day upon: Courtesy Copy to Chambers Copy to Assistant U.S. Attorney via ECF NEF Copy to Defendant /s/ Victor N. Pippins Federal Defenders of San Diego, Inc. 225 Broadway, Suite 900 San Diego, CA 92101-5030 (619) 234-8467 (tel) (619) 687-2666 (fax) [email protected] (email)

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