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

Case 3:07-cr-03216-IEG

Document 5

Filed 12/28/2007

Page 1 of 2

1 JOHN C. ELLIS, JR.

California State Bar No. 228083
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] 5 Attorneys for Sergio Santos 6 7 8 9

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA (HONORABLE IRMA E. GONZALEZ) ) ) Plaintiff, ) ) v. ) ) ) ) ) ) SERGIO SANTOS, ) ) Defendant. ) ) ) ) ______________________________________ ) Case No. 07CR3216-IEG DATE: TIME: January 14, 2008 2:00 p.m.

10 UNITED STATES OF AMERICA, 11 12 13 14 15 16 17 18

NOTICE OF MOTIONS AND MOTIONS TO: 1) 2) 3) 4) 5) 6) DISMISS INDICTMENT; STRIKE SURPLUSAGE FROM THE INDICTMENT; PRODUCE GRAND JURY TRANSCRIPTS; SUPPRESS STATEMENTS; COMPEL DISCOVERY AND PRESERVE EVIDENCE; AND GRANT LEAVE TO FILE FURTHER MOTIONS

19 TO: 20 21

KAREN P. HEWITT, UNITED STATES ATTORNEY; AND JOSEPH J.M. ORABONA, ASSISTANT UNITED STATES ATTORNEY: PLEASE TAKE NOTICE that, on Monday, January 14, 2008, at 2:00pa.m., or as soon thereafter

22 as counsel may be heard, the accused, Sergio Santos, by and through his attorneys, John C. Ellis, Jr., and 23 Federal Defenders of San Diego, Inc., will ask this Court to enter an order granting the motions listed below. 24 / / / 25 / / / 26 / / / 27 / / / 28 / / /

Case 3:07-cr-03216-IEG

Document 5

Filed 12/28/2007

Page 2 of 2

1 2

MOTIONS Sergio Santos, by and through his attorneys, John C. Ellis, Jr., and Federal Defenders of San Diego,

3 Inc., pursuant to the United States Constitution, Federal Rules of Criminal Procedure, and all other applicable 4 statutes, case law and local rules, hereby moves this Court for an Order: 5 6 7 8 9 10 11

1) 2) 3) 4) 5) 6)

To Dismiss Indictment To Strike Surplusage from the Indictment; To Produce Grand Jury Transcripts; To Suppress Statements; To Compel Discovery and Preserve Evidence, and To Grant Leave to File Further Motions.

These motions are based upon the instant motions and notice of motions, the attached statement of

12 facts and memorandum of points and authorities, and any and all other materials that may come to this Court's 13 attention at the time of the hearing on these motions. 14 15 16 DATED: 17 18 19 20 21 22 23 24 25 26 27 28

Respectfully submitted,

December 28, 2007

/s/ John C. Ellis, Jr. JOHN C. ELLIS, JR. Federal Defenders of San Diego, Inc. Attorneys for Sergio Santos [email protected]

2

07CR3216-IEG