Free Motion to Dismiss - District Court of California - California

Case 3:07-cr-03208-BEN

Document 18

Filed 04/04/2008

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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 INSUFFICIENT ALLEGATIONS, VAGUENESS, AND DUPLICITY 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 Tuesday, 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 Rules 7, 8, 12 and 16 of the Federal Rules of Criminal Procedure and the Fifth and Sixth Amendments to the United States' Constitution, hereby moves this Court: to dismiss the charge of 8 U.S.C. § 1326(b) in the indictment based on insufficient allegations, vagueness and duplicity. 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 18

Filed 04/04/2008

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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 4, 2008

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

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