Free Motion to Compel - District Court of California - California

Case 3:07-cr-03212-LAB
1 2 3 4 5 Attorneys for Mr. Prado-Franquez 6 7 8

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Filed 01/03/2008

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LEILA W. MORGAN California Bar No. 232874 FEDERAL DEFENDERS OF SAN DIEGO, INC. 225 Broadway, Suite 900 San Diego, California 92101-5008 Telephone: (619) 234-8467 [email protected]

UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 (HONORABLE LARRY A. BURNS) 11 UNITED STATES OF AMERICA, 12 Plaintiff, 13 14 15 16 Defendant. 17 18 19 20 21 22 ___________________________________ 23 24 25 26 27 28 PLEASE TAKE NOTICE that on January 7, at 9:00 a.m., or as soon thereafter as counsel may be heard, defendant, Luis Armando Prado-Franquez, by and through his attorneys, Leila W. Morgan and Federal Defenders of San Diego, Inc., will ask this Court to enter an order granting the following motions. 07cr3212-LAB TO: KAREN P. HEWITT, UNITED STATES ATTORNEY, AND WILLIAM A. HALL, ASSISTANT UNITED STATES ATTORNEY: v. LUIS ARMANDO PRADO-FRANQUEZ, ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) CASE NO: 07CR3212-LAB DATE: January 7, 2007 TIME: 9:30 a.m.

NOTICE OF MOTIONS AND MOTIONS TO: 1) 2) 3) 4) 5) COMPEL DISCOVERY AND PRESERVE EVIDENCE; DISMISS INDICTMENT FOR FAILURE TO ALLEGE ESSENTIAL ELEMENTS OF THE OFFENSE; SUPPRESS ANY STATEMENTS MADE BY MR. PRADO-FRANQUEZ; DISMISS INDICTMENT DUE TO IMPROPER GRAND JURY INSTRUCTIONS; AND, GRANT LEAVE TO FILE FURTHER MOTIONS.

Case 3:07-cr-03212-LAB
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: January 2, 2008

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MOTIONS Defendant, Luis Armando Prado-Franquez, by and through his attorneys, Leila W. Morgan and Federal Defenders of San Diego, Inc., asks 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 to: (1) (2) (3) (4) (5) Compel Discovery and Preserve Evidence; Dismiss Indictment for Failure to Allege Essential Elements of the Offense; Suppress any Statements Made by Mr. Prado-Franquez; Dismiss Indictment Due to Improper Grand Jury Instructions; and 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, 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, s/ Leila W. Morgan LEILA W. MORGAN Federal Defenders of San Diego, Inc. Attorneys for Mr. Prado-Franquez [email protected]

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07cr3212-LAB