Free Motion to Withdraw Plea of Guilty - District Court of California - California

Case 3:07-cr-03161-LAB

Document 20

Filed 04/23/2008

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JOSEPH M. McMULLEN California State Bar No. 246757 2 FEDERAL DEFENDERS OF SAN DIEGO, INC. 225 Broadway, Suite 900 3 San Diego, California 92101-5030 Telephone: (619) 234-8467 4 Facsimile: (619) 687-2666 Email: [email protected]
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Attorneys for Mr. Smith-Baltiher

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA (HONORABLE LARRY A. BURNS) UNITED STATES OF AMERICA, Plaintiff, v. GENARO SMITH-BALTIHER, Defendant. DEFENDANT'S NOTICE OF MOTION AND MOTION TO WITHDRAW PLEA OF GUILTY Case No.: 07CR3161-LAB Date: May 5, 2008 Time: 9:30 a.m.

TO:

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 counsel may be heard, the defendant, Genaro Smith-Baltiher, by and through his counsel, Joseph M. McMullen and Federal Defenders of San Diego, Inc., will ask this Court to enter an order granting the following motion. // // // // //

Case 3:07-cr-03161-LAB

Document 20

Filed 04/23/2008

Page 2 of 2

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MOTIONS Geraro Smith-Baltiher, the defendant in this case, by and through his attorneys, Joseph M. McMullen, and Federal Defenders of San Diego, Inc., pursuant to the United States Constitution, the Federal Rules of Criminal Procedure, and all other applicable statutes, laws, case law, and rules, hereby moves this Court for an order: 1) allowing Mr. Smith-Baltiher to withdraw his plea of guilty.

This motion is based upon the instant motions 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 the time of the hearing on these motions. Respectfully submitted,

Dated: April 23, 2008

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

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07CR3161-LAB