Free Motion to Compel - District Court of California - California

Case 3:07-cr-03190-JAH

Document 18

Filed 03/29/2008

Page 1 of 2

1 CANDIS MITCHELL 2 FEDERAL DEFENDERS OF SAN DIEGO, INC. 3 San Diego, California 92101-5008 4 [email protected] 5 6 7 8 9

California Bar No. 242797 225 Broadway, Suite 900

(619) 234-8467 (tel); (619) 687-2666 (fax)

Attorneys for Mr. Jose Raymundo Contreras-Hernandez UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA (HONORABLE JOHN A. HOUSTON) ) ) ) ) ) ) CONTRERAS- ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) CASE NO. 07CR3190-JAH DATE: April 14, 2008 TIME: 11:00 a.m. NOTICE OF MOTIONS IN LIMINE AND MOTIONS IN LIMINE TO: (1) COMPEL THE GOVERNMENT TO PROVE THE VALIDITY OF THE DEPORTATION TO THE JURY; (2) EXCLUDE EVIDENCE NOT PRODUCED IN DISCOVERY; (3) EXCLUDE DOCUMENTS ABSENT REDACTTION; (4) P R ECLUDE T E S T IM ONY FR OM GOVERNMENT WITNESSES REFERRING TO MR. CONTRERAS-HERNANDEZ AS THE "ALIEN;" (5) PROVIDE INSPECTION OR PRODUCTION OF CERTIFIED DOCUMENTS; (6) PRECLUDE INTRODUCTION OF "MUG S HOT S " OF M R . C O N T R E R A S HERNANDEZ; (7) PROHIBIT THE CERTIFICATE OF NONEXISTENCE OF RECORD AS INADMISSIBLE ; (8) PRECLUDE EVIDENCE UNDER FEDERAL RULE OF EVIDENCE 404(B) AND 609; (9) ALLOW ATTORNEY-CONDUCTED VOIRDIRE; (10) ORDER PRODUCTION OF GRAND JURY TRANSCRIPTS; (11) P R E C L U D E DOCUMENTS OF DEPORTATION AS EVIDENCE OF ALIENAGE; AND, (12) GRANT LEAVE TO FILE FURTHER MOTIONS.

10 UNITED STATES OF AMERICA, 11 12 v. 13 JOSE 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

Plaintiff,

RAYMUNDO HERNANDEZ Defendant.

Case 3:07-cr-03190-JAH

Document 18

Filed 03/29/2008

Page 2 of 2

1 TO: 2

KAREN P. HEWITT, INTERIM UNITED STATES ATTORNEY, AND PETER MAZZA, ASSISTANT UNITED STATES ATTORNEY:

3 PLEASE TAKE NOTICE that on the above-captioned date and time, or as soon thereafter as counsel may 4 be heard, Jose Raymundo Contreras-Hernandez, by and through counsel, Candis Mitchell and Federal 5 Defenders of San Diego, Inc., will ask this Court to enter an order granting the following motions. 6 7

MOTIONS Mr. Contreras-Hernandez, by and through counsel, Candis Mitchell, and Federal Defenders of San

8 Diego, Inc., pursuant to the Fourth, Fifth and Sixth Amendments to the United States Constitution, Federal 9 Rules of Criminal Procedure, and all other applicable statutes, case law, and local rules, hereby moves this 10 court for an order to: 11 12 (2) 13 (4) 14 (5) 15 (7) 16 (9) 17 (11) 18 19 20 21 22 23 24 25 26 27 28

(1) (3)

(6) (8) (10) (12)

Compel the Government to Prove The Validity of the Deportation to the Jury; Exclude Evidence Not Produced in Discovery; Exclude Documents Absent Redaction; Preclude Testimony from Government Witnesses Referring to Mr. Contreras-Hernandez as the "Alien" Provide Inspection or Production of Certified Documents; Preclude Introduction of "Mug Shots"of Mr. Contreras-Hernandez; Prohibit the Certificate of Nonexistence of Record as Inadmissible; Preclude Evidence under Federal Rule of Evidence 404(b) and 609; Allow Attorney-conducted Voir-dire Order Production of Grand Jury Transcripts Preclude Documents of Deportation as Evidence of Alienage and Grant Leave to File Further Motions. These motions in limine are based upon the instant motion and notice of motions, the attached

statement of facts and memorandum of points and authorities, and any and all other materials that may come to this Court's attention at or before the time of the hearing on these motions.

Respectfully submitted, s/ Candis Mitchell CANDIS MITCHELL Federal Defenders of San Diego, Inc. Attorneys for Mr. Contreras-Hernandez [email protected]

Dated: March 29, 2008