Free Motion to Compel - District Court of California - California

Case 3:07-cr-03276-BTM

Document 6

Filed 01/11/2008

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AMBER BAYLOR California Bar No. 248196 FEDERAL DEFENDERS OF SAN DIEGO, INC. 225 Broadway, Suite 900 San Diego, California 92101-5008 Telephone: (619) 234-8467 ext. 3737 Attorneys for Mr. Miguel Mateo

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA (HONORABLE BARRY T. MOSKOWITZ) UNITED STATES OF AMERICA, Plaintiff, v. MIGUEL MATEO ) ) ) ) ) ) ) ) ) ) ) ) Criminal No. 07CR3276-BTM Date: January 25, 2008 Time: 1:30 p.m. NOTICE OF MOTIONS AND MOTIONS TO: 1) DISMISS INDICTMENT DUE TO MISINSTRUCTION OF GRAND JURY; 2) COMPEL DISCOVERY AND PRESERVE EVIDENCE; AND 3) GRANT LEAVE TO FILE FURTHER MOTIONS

Defendant.

TO:

KAREN P. HEWITT, UNITED STATES ATTORNEY; AND LUELLA CALDITO, ASSISTANT UNITED STATES ATTORNEY: PLEASE TAKE NOTICE that on January 25, 2008, at 1:30 p.m., or as soon thereafter as

counsel may be heard, the accused, Miguel Mateo, by and through his attorneys, Amber Baylor, and Federal Defenders of San Diego, Inc., will ask this Court to enter an order granting the motions listed below. //

07CR3276

Case 3:07-cr-03276-BTM

Document 6

Filed 01/11/2008

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MOTIONS Miguel Mateo, the accused in this case, by and through his attorneys, Amber Baylor, and Federal Defenders of San Diego, Inc., pursuant to the Fourth, Fifth and Sixth Amendments to the United States Constitution, 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 indictment due to misinstruction of grand jury; 2) To compel further discovery and preserve evidence; and 2) To 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, and any and all other materials that may come to this Court's attention at the time of the hearing on these motions.

Respectfully submitted,

/s/ Amber Baylor AMBER BAYLOR Federal Defenders of San Diego, Inc. Attorneys for Mr. Mateo

07CR3276