Free Motion to Preclude Evidence - District Court of California - California

Case 3:07-cr-03284-WQH

Document 26

Filed 06/10/2008

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Joseph Milchen Attorney at Law 136 Redwood Street San Diego, CA 92103 (619) 291-3399 California State Bar No. 38098 Attorney for Defendant Osvaldo Castro-Gaxiola UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA (Honorable William Q. Hayes)

UNITED STATES OF AMERICA, Plaintiff, v. OSVALDO CASTRO-GAXIOLA, Defendant.

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Case No. 07-CR-3284 Notice of Motion and Motion in Limine to Preclude Introduction At Trial of Any and All Statements of Co-Conspirators Made After Defendant's Arrest on October 31, 2006 Date: Time:

Notice of Motion

To: Karen P. Hewitt, United States Attorney, and Michael J. Crowley, Assistant United States Attorney, Southern District of California, San Diego, CA Please take notice that on , 2008, at , or as soon thereafter as

counsel may be heard, defendant Osvaldo Castro-Gaxiola, through his attorney, Joseph Milchen, will move to preclude introduction into evidence at the trial in this matter of any and all statements made by co-conspirators following his arrest as a result of the investigation into his involvement on October 31, 2006.

1 United States v. Castro-Gaxiola Case No. 07-CR-3284

Case 3:07-cr-03284-WQH

Document 26

Filed 06/10/2008

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Motion Defendant Osvaldo Castro-Gaxiola, through his attorney, Joseph Milchen, hereby moves the court to preclude introduction of any and all statements of coconspirators following his arrest by state authorities on October 31, 2006 for his involvement in the same conspiracy. This motion is based upon the files and records in this case and the attached Memorandum of Points and Authorities in Support of this Motion, and upon such other matters as may come before the court.

Dated: June 10, 2008

s/Joseph Milchen_____________ Joseph Milchen Attorney for Defendant Osvaldo Castro-Gaxiola

2 United States v. Castro-Gaxiola Case No. 07-CR-3284