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

Case 3:07-cr-03210-W

Document 13

Filed 02/15/2008

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ROBERT L. SWAIN Attorney at Law California Bar No. 144163 964 Fifth Avenue, Suite 214 San Diego, California 92101 Telephone: (619) 544-1494 Facsimile: (619) 544-1473 Attorney for Defendant Macedo

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA (HON. THOMAS J. WHELAN) UNITED STATES OF AMERICA, Plaintiff, v. JOSE MACEDO-DE LA CRUZ, ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. 07-CR-3210 Date: March 3, 2008 Time: 2:00 p.m. NOTICE OF MOTION AND MOTION TO: DISMISS THE INDICTMENT FOR INVALID DEPORTATION;

Defendant.

TO:

KAREN HEWITT, UNITED STATES ATTORNEY, and REBECCA KANTER, ASSISTANT UNITED STATES ATTORNEY PLEASE TAKE NOTICE that on March 3, 2008 or as soon thereafter as counsel may be

20 heard, the defendant, Jose Macedo-De La Cruz, by and through his counsel, Robert L. Swain, 21 will move this Court to grant the above-entitled motion. 22 // 23 // 24 // 25 // 26 // 27 28

Case 3:07-cr-03210-W

Document 13

Filed 02/15/2008

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Dated: February 15, 2008

MOTION The defendant, Jose Macedo-De La Cruz, by and through his counsel, Robert L. Swain, and pursuant to Rules 6(e), 12, and 16 of the Federal Rules of Criminal Procedure and the Fourth, Fifth and Sixth Amendments to the United States Constitution, and all applicable local rules, hereby moves this court to:

Dismiss the indictment for invalid deportation.

This motion is based upon the attached memorandum, the files and records in the above-captioned matter, the attached exhibits, and any and all other evidence brought before this court before or during the hearing on this motion.

Respectfully submitted, /s/ Robert L. Swain ROBERT L. SWAIN Attorney for Defendant Macedo de la Cruz

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