Free Motion for Order - District Court of California - California

Case 3:07-cr-03472-WQH

Document 7

Filed 02/29/2008

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1 State Bar No. 103036
2 3 4 5 6 7 8 9 10 11 12 UNITED STATES OF AMERICA ) Case No. 07CR3472 WQH UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA HONORABLE JUDGE WILLIAM Q. HAYES 1901 First Ave. Ste. 213 San Diego, CA. 92101 (619) 230-1523 Attorney for GONZALEZ-Ruiz, Rodolfo

GREGORY D. OBENAUER

) Plaintiff ) 13 ) v. ) 14 ) ) 15 ) GONZALEZ-Ruiz, Rodolfo ) 16 ) Defendant ) 17 18 19 20 21 22 23 24 25 26 27 28
Gregory D. Obenauer

EX PARTE APPLICATION FOR EXTRAORDINARY EXPENSES: INVESTIGATOR FEES

Defendant Rodolfo GONZALEZ, by and through his counsel Gregory D. Obenauer makes an EX PARTE APPLICATION for an order authorizing extraordinary expenses for discovery provided in this investigator fees. This request is based case. s/ g. obenauer Dated: February 29, 2008 Gregory D. Obenauer Attorney for GONZALEZ upon the documents filed in this application, pleadings and the

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Case 3:07-cr-03472-WQH

Document 7

Filed 02/29/2008

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1 State Bar No. 103036
2 3 4 5 6 7 8 9 10 11 UNITED STATES OF AMERICA ) Case No. 07CR3472 WQH ) 12 Plaintiff ) DECLARATION OF ATTORNEY ) GREGORY D. OBENAUER 13 v. ) IN SUPPORT OF ORDER ) FOR EXTRAORDINARY EXPENSES: 14 ) INVESTIGATOR FEES ) 15 GONZALEZ-Ruiz, Rodolfo ) ) 16 Defendant ) 17 I, Gregory D. Obenauer, was appointed to represent Rodolfo UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA HONORABLE JUDGE WILLIAM Q. HAYES 1901 First Ave. Ste. 213 San Diego, CA. 92101 (619) 230-1523 Attorney for GONZALEZ-Ruiz, Rodolfo

Gregory D. Obenauer

18 GONZALEZ (Mr. GONZALEZ), the defendant in this case who could not 19 afford counsel. Mr. GONZALEZ faces a 1326 Indictment; he may have a 20 criminal history VI. 21 2. Since my appointment, I have provided services on a regular 22 23 basis.I have used investigator Alan Stevens License 9672 meetings with my client and for investigative services. 3. With respect to the initial investigator allotment of $495/9 in my

24 hrs, those fees have been exhausted by investigator Stevens with 25 client meetings, "A" file review, and calls, conferences and a 26 meeting with Mr. Gonzalez' wife. 27 4. It is expected that investigation regarding Mr. Gonzalez' green 28 card and preparation for the Sentence Hearing will consume an
Gregory D. Obenauer

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Case 3:07-cr-03472-WQH

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Filed 02/29/2008

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Gregory D. Obenauer

additional ten investigative hours. Mr. Gonzalez has adopted a unique legal theory of his defense that has triggered a search for supporting case law. As of the date of this application, the defense awaits the 1987 and 1994 deportation tapes which will not arrive in time to meet the March 10, 2008 motion filing deadline. 5. Without this funding, it will be impossible to represent my client adequately.

I HEREBY DECLARE UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING IS TRUE AND CORRECT

s/ g. obenauer Dated: February 29, 2008 Gregory D. Obenauer Attorney for GONZALEZ

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