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

Case 3:07-cr-03190-JAH

Document 14

Filed 02/05/2008

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1 CANDIS MITCHELL 2 FEDERAL DEFENDERS OF SAN DIEGO, INC. 3 San Diego, California 92101-5008 4 [email protected] 5 6 7 8 9 10 11 12 13

California Bar No. 242797 225 Broadway, Suite 900

Telephone: (619) 234-8467

Attorneys for Mr. Jose Raymundo Contreras-Hernandez UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA (HONORABLE JOHN A. HOUSTON) UNITED STATES OF AMERICA, Plaintiff, v. ) ) ) ) ) ) CONTRERAS- ) ) ) ) ) ) CASE NO. 07CR3190-JAH DATE: February 19, 2008 TIME: 8:30 a.m. NOTICE OF MOTIONS AND MOTIONS FOR AN ORDER TO: 1. DISMISS THE INDICTMENT DUE TO INVALID DEPORTATION.

JOSE RAYMUNDO 14 HERNANDEZ,
15 16 17 TO: 18 19 20 21 22 23 24 25 26 27 28

Defendant.

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

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

Case 3:07-cr-03190-JAH

Document 14

Filed 02/05/2008

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MOTIONS Mr. Jose Raymundo Contreras-Hernandez, by and through counsel, Candis Mitchell, and Federal

3 Defenders of San Diego, Inc., pursuant to the United States Constitution, the Federal Rules of Criminal 4 Procedure, and all other applicable statutes, case law and local rules, hereby moves this Court for an order to: 5 6

1.

Dismiss count the indictment due to invalid deportation. These motions are based upon the instant motions and notice of motions, the attached

7 statement of facts and memorandum of points and authorities, and all other materials that may come to this 8 Court's attention at the time of the hearing on these motions. 9 10 11 12 13 Dated: February 5, 2008 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

Respectfully submitted,

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

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07CR3190-JAH