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

Case 3:07-cr-03272-JAH

Document 11

Filed 01/28/2008

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ERICA K. ZUNKEL California State Bar No. 229285 2 FEDERAL DEFENDERS OF SAN DIEGO, INC. 225 Broadway, Suite 900 3 San Diego, CA 92101-5008 (619) 234-8467/Fax: (619) 687-2666 4 E-Mail: [email protected]
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Attorneys for Ana Chairez

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA (HONORABLE JOHN A. HOUSTON) UNITED STATES OF AMERICA, ) ) Plaintiff, ) ) v. ) ) ANA CHAIREZ, ) ) Defendant. ) ) ) ) ) ) ) ) ) ) ) ______________________________________ ) TO: Case No. 07CR3272-JAH DATE: TIME: February 11, 2008 8:30 a.m.

NOTICE OF MOTIONS AND MOTIONS TO: 1) 2) 3) 4) 5) 6) PRESERVE EVIDENCE AND COMPEL PRODUCTION OF DISCOVERY; SUPPRESS STATEMENTS; PRESERVE AND RE-WEIGH NARCOTICS EVIDENCE; DISMISS INDICTMENT BECAUSE D R U G S T A T U T E I S UNCONSTITUTIONAL; DISMISS INDICTMENT DUE TO IMPROPER GRAND JURY INSTRUCTION; AND GRANT LEAVE TO FILE FURTHER MOTIONS

KAREN P. HEWITT, UNITED STATES ATTORNEY; AND RANDY K. JONES, ASSISTANT UNITED STATES ATTORNEY: PLEASE TAKE NOTICE that, on February 11, 2008 at 8:30 a.m., or as soon thereafter as counsel

may be heard, defendant Ana Chairez, by and through her attorneys, Erica K. Zunkel and Federal Defenders of San Diego, Inc., will ask this Court to enter an order granting the following motions. /// ///

Case 3:07-cr-03272-JAH

Document 11

Filed 01/28/2008

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MOTIONS Defendant Ana Chairez, by and through her attorneys, Erica K. Zunkel and Federal Defenders of San Diego, Inc., moves this Court pursuant to the United States Constitution, the Federal Rules of Criminal Procedure, and all other applicable statutes, case law, and local rules for an order: 1) 2) 3) 4) 5) 6) Preserving Evidence and Compelling Production of Discovery; Suppress Statements; Providing for the Preservation and Re-Weigh of Narcotics Evidence; Dismissing the Indictment Because the Drug Statute is Unconstitutional; Dismissing the Indictment Because of Improper Grand Jury Instruction; and Granting Leave to File Further Motions.

This motion is 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 above-captioned matter, and any and all other materials that may come to this Court's attention prior to or during the hearing of these motions. Respectfully submitted,

DATED:

January 28, 2008

/s/ Erica K. Zunkel ERICA K. ZUNKEL Federal Defenders of San Diego, Inc. Attorneys for Ana Chairez

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07CR3272-JAH