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


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Date: April 6, 2008
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State: California
Category: District Court of California
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Case 3:07-cr-03208-BEN

Document 20

Filed 04/06/2008

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GERALD T. McFADDEN (SBN 87446) Attorney at Law 2366 Front Street San Diego, CA 92101 (619) 338-0507 E-mail: [email protected] Attorney for Defendant RAUL ARREOLA-MONTES

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA (HON. ROGER T. BENITEZ) UNITED STATES OF AMERICA, ) ) Plaintiff, ) ) v. ) ) RAUL ARREOLA-MONTES, ) ) Defendant. ) ______________________________) TO: Crim. Case No. 07CR3208-BEN NOTICE OF MOTION AND MOTION TO DISMISS THE INDICTMENT BASED ON INVALID REMOVAL

NCD: April 18, 2008 at 2:00 p.m.

KAREN P. HEWITT, UNITED STATES ATTORNEY, NICOLE A. JONES, ASSISTANT UNITED STATES ATTORNEY PLEASE TAKE NOTICE that on Friday, April 18, 2008, at 2:00 p.m., or as soon thereafter

as counsel may be heard, the defendant, RAUL ARREOLA-MONTES, through his appointed counsel, Gerald T. McFadden, will bring the following motion. MOTION The defendant, RAUL ARREOLA-MONTES, by and through his appointed counsel, Gerald T. McFadden, and pursuant to the provisions of Rule 12 of the Federal Rules of Criminal Procedure and the Fifth Amendment to the United States' Constitution, hereby moves this Court: to dismiss the indictment because the underlying removal proceeding on or about March 1, 2007, violated the defendant's right to due process of law. This motion is based upon the instant motion and notice of motion, the attached

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Case 3:07-cr-03208-BEN

Document 20

Filed 04/06/2008

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statement of facts and points and authorities in support of this motion, and any and all matters that may come to the Court's attention prior to or at the time of the hearing of this motion. Respectfully submitted,

Dated: April 6, 2008

s/Gerald T. McFadden GERALD T. McFADDEN, Attorney for Defendant RAUL ARREOLA-MONTES E-mail: [email protected]

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