Free Motion for Discovery - District Court of California - California

Case 3:07-cr-03477-L

Document 19

Filed 06/30/2008

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Stephen W. Peterson Attorney at Law California Bar No. 048468 964 Fifth Avenue, Number 214 San Diego, California 92101 Telephone No. (619) 544-1446 Facsimile No. (619) 544-1469 Attorney for Defendant: JUAN VALDERRAMA-ORTIZ UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA (HON. M. JAMES LORENZ) ) ) Plaintiff, ) ) v. ) ) JUAN VALDERRAMA-ORTIZ, ) ) ) Defendant ) ) ) ) ) ) ) ) ____________________________________) TO: UNITED STATES OF AMERICA CASE NO. 07CR3477-L Date: July 14, 2008 Time: 2:00 p.m. NOTICE OF MOTION AND MOTIONS TO: (1) COMPEL DISCOVERY (2) SUPPRESS POST ARREST STATEMENT (3) PRECLUDE USE OF DEPORTATION ORDER AS PROOF OF ALIENAGE (4) REQUIRE GOVERNMENT TO PROVE ALIENAGE BEYOND A REASONABLE DOUBT (5) GRANT LEAVE TO FILE FURTHER MOTIONS

KAREN P. HEWITT, UNITED STATES ATTORNEY, AND AARON B. CLARK, ASSISTANT UNITED STATES ATTORNEY: PLEASE TAKE NOTICE that on Wednesday, July 14, 2008 at 2:00 p.m., or as soon

thereafter as counsel may be heard, the defendant, JUAN VALDERRAMA-ORTIZ, by and through counsel, Stephen W. Peterson will ask this Court to issue an order granting the motions listed below.
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07CR3477-L

Case 3:07-cr-03477-L

Document 19

Filed 06/30/2008

Page 2 of 2

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MOTIONS The defendant, JUAN VALDERRAMA-ORTIZ, by and through counsel, Stephen W. Peterson, asks this Court pursuant to the Fifth and Sixth Amendments to the United States Constitution, Federal Rules of Criminal Procedure 7(d), 12, 16 and 26.2, and all other applicable statutes and local rules for an order to: 1. 2. 3. 4. 5. compel discovery; suppress post arrest statement; preclude use of deportation order as proof of alienage; require government to prove alienage beyond a reasonable doubt; grant 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, the files and records in the abovecaptioned matter, and any and all other materials that may come to this Court's attention prior to or during the hearing on these motions.

Respectfully submitted, Dated: June 30, 2008 /s/ Stephen W. Peterson _________________________ STEPHEN W. PETERSON Attorney for Defendant JUAN VALDERRAMA-ORTIZ

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