Free Motion to Compel - District Court of California - California

Case 3:07-cr-03161-LAB

Document 4

Filed 12/03/2007

Page 1 of 2

1 JOSEPH M. McMULLEN 2 FEDERAL DEFENDERS OF SAN DIEGO, INC. 3 San Diego, California 92101-5030 4 Facsimile: 5

California State Bar No. 246757 225 Broadway, Suite 900 Telephone: Email:

(619) 234-8467 (619) 687-2666 [email protected]

6 Attorneys for Mr. Smith-Baltiher 7 8 9 10 11 12 13 14 15 16 17 18 19 20 TO: 21 22

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA (HONORABLE LARRY A. BURNS) UNITED STATES OF AMERICA, Plaintiff, v. GENARO SMITH-BALTIHER, Defendant. 1) 2) 3) COMPEL DISCOVERY; DISMISS INDICTMENT DUE TO MISINSTRUCTION OF THE GRAND JURY; AND GRANT LEAVE TO FILE FURTHER MOTIONS DEFENDANT'S NOTICE OF MOTION AND MOTION TO: Case No.: 07CR3161-LAB Date: Time: December 18, 2007 9:00 a.m.

KAREN P. HEWITT, UNITED STATES ATTORNEY, AND PAUL L. STARITA, ASSISTANT UNITED STATES ATTORNEY: PLEASE TAKE NOTICE that on the above-captioned date and time, or as soon thereafter as

23 counsel may be heard, the defendant, Genaro Smith-Baltiher, by and through his counsel, Joseph M. 24 McMullen and Federal Defenders of San Diego, Inc., will ask this Court to enter an order granting the 25 motions listed below. 26 // 27 // 28 //

Case 3:07-cr-03161-LAB

Document 4

Filed 12/03/2007

Page 2 of 2

1 2

MOTIONS Geraro Smith-Baltiher, the defendant in this case, by and through his attorneys, Joseph M.

3 McMullen, and Federal Defenders of San Diego, Inc., pursuant to the United States Constitution, the 4 Federal Rules of Criminal Procedure, and all other applicable statutes, laws, case law, and rules, hereby 5 moves this Court for an order: 6 7 8 9

1) 2) 3)

compelling production of discovery; dismissing the indictment due to misinstruction of the grand jury; and granting leave to file further motions.

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

10 of facts and memorandum of points and authorities, and any and all other materials that may come to this 11 Court's attention at the time of the hearing on these motions. 12 13 14 15 Dated: December 3, 2007 16 17 18 19 20 21 22 23 24 25 26 27 28

Respectfully submitted,

/s/ Joseph M. McMullen JOSEPH M. McMULLEN Federal Defenders of San Diego, Inc. Attorneys for Mr. Smith-Baltiher

2

07CR3161-LAB