Free Motion to Continue - District Court of California - California

Case 3:07-cr-03472-WQH
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Document 18-2

Filed 07/10/2008

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MICHAEL S. BERG (CA. Bar No. 102972) Attorney at Law 401 West "A" Street, Suite 2600 San Diego, California 92101 Telephone: (619) 239-2186 Fax: (619) 237-1310

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA (HON. WILLIAM Q. HAYES) ) No. 07-3472-WQH UNITED STATES OF AMERICA, ) ) Plaintiff, ) DECLARATION OF MICHAEL S. BERG ) vs. ) ) RODOLFO GONZALEZ-RUIZ, ) ) Defendant. ) I, MICHAEL S. BERG, HEREBY DECLARE AS FOLLOWS: 1. I am an attorney in good-standing, licensed to practice law in the State of California and the Federal Court for the Southern District of California. I am the attorney of record in the above-referenced matter. 2. I was appointed as counsel for Mr. Gonzalez-Ruiz on approximately April 16, 2008. 3. Mr. Gonzalez-Ruiz indicated to me that he wanted a Motion to Dismiss the Indictment Due to a Prior Invalid Deportation to be argued. While looking through the discovery provided to me by Mr. Gregory Obenauer, a former attorney for Mr. Gonzalez-Ruiz, I found said 22 page Motion to Dismiss the Indictment within his file. 4. Having found said Motion in the file, I was under the impression that said Motion had been filed with the Court. When I was unable to find the government's responsive pleadings, I contacted the court

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clerk to see if the Motion had in fact been filed. I was informed that it had not.
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5. I am requesting a brief continuance to clean up and file said Motion.
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Case 3:07-cr-03472-WQH
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Document 18-2

Filed 07/10/2008

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6. I contacted Government counsel, David Katz, to inform him of this.

I declare under penalty of perjury that the above matters are true and correct. Dated: 07/09/08 /s/ Michael Berg MICHAEL S. BERG Attorney for Gonzalez-Ruiz

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