Free Motion to Dismiss Indictment - District Court of California - California

Case 3:07-cr-03213-BEN

Document 13

Filed 02/29/2008

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GARY P. BURCHAM California State Bar No. 190780 2 964 Fifth Avenue, Suite 300 San Diego, CA 92101 3 Telephone: (619) 699-5930
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Attorney for Rosendo Rodriguez

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA (HONORABLE ROGER T. BENITEZ) UNITED STATES OF AMERICA, Plaintiff, v. ROSENDO RODRIGUEZ, ) ) ) ) ) ) ) ) ) ) ) Case No. 07CR3213-BEN Date: March 10, 2008 Time: 2:00 p.m. NOTICE OF MOTION AND MOTION TO DISMISS THE INDICTMENT

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Defendant.
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TO:
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KAREN HEWITT, UNITED STATES ATTORNEY, and EUGENE LITVINOFF, ASSISTANT UNITED STATES ATTORNEY PLEASE TAKE NOTICE that on March 10, 2008, at 2:00 p.m., or as

soon

thereafter

as

counsel

may

be

heard,

the

defendant,

Rosendo

Rodriguez, by and through his attorney, Gary P. Burcham, will ask this Court to enter an order granting the motion listed below. // // // // // // //

Case 3:07-cr-03213-BEN

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Filed 02/29/2008

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MOTIONS Rosendo Rodriguez, the defendant in this case, by and through his attorney Gary P. Burcham, pursuant to the Amendments to the United States Constitution, Fed. R. Crim. P., and all other applicable statutes, case law and local rules, hereby moves this Court for an order dismissing the indictment. This motion is based upon the instant motion and notice of motion, 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 this motion. Respectfully submitted,

Dated: February 29, 2008

/s/ Gary P. Burcham GARY P. BURCHAM Attorney for Joel Saldivar-Vargas

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Case 3:07-cr-03213-BEN

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Filed 02/29/2008

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UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF CALIFORNIA UNITED STATES OF AMERICA, Plaintiff-Appellee, v. ROSENDO RODRIGUEZ-GONZALEZ, ) ) ) ) ) ) ) ) ) U.S.D.C. No. 07CR3213-BEN CERTIFICATE OF SERVICE

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Defendant-Appellant.
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IT IS HEREBY CERTIFIED THAT:
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I, GARY P. BURCHAM, am a citizen of the United States and am at
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least eighteen years of age.
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My business address is 964 Fifth Avenue,

Suite 300, San Diego, CA 92101. I am not a party to the above-entitled action.
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I have caused

service of Defendant's Notice of Motion and Motion to Dismiss Indictment on the following party or parties by electronically filing the foregoing
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with the Clerk of the District Court using its ECF System, which
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electronically notifies him/her.
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Eugene Litvinoff, Esq. Border Crimes Unit 880 Front Street San Diego, CA 92101 I declare under penalty of perjury that the foregoing is true and correct. Executed on February 29, 2008. /s/ Gary P. Burcham GARY P. BURCHAM