Free Motion to Dismiss - District Court of California - California

Case 3:07-cr-03162-L
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Document 19

Filed 12/12/2007

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CANDIS MITCHELL California Bar No. 242797 FEDERAL DEFENDERS OF SAN DIEGO, INC. 225 Broadway, Suite 900 San Diego, California 92101-5008 Telephone: (619) 234-8467 Facsimile: (619) 687-2666 [email protected] Attorneys for Mr. Alfredo Luis-Tenorio

UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 (HONORABLE M. JAMES LORENZ) 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PLEASE TAKE NOTICE that on January 7, 2008, at 2:00 p.m., or as soon thereafter as counsel may be heard, defendant, Alfredo Luis-Tenorio, by and through his attorneys, Candis Mitchell and Federal Defenders of San Diego, Inc., will ask this Court to enter an order granting the following motions. /// /// /// 07CR3162-L TO: KAREN P. HEWITT, UNITED STATES ATTORNEY, AND EUGENE S. LITVINOFF, ASSISTANT UNITED STATES ATTORNEY: ) ) Plaintiff, ) ) v. ) ) ) ALFREDO LUIS-TENORIO, ) ) Defendant. ) ) ) ) ) ______________________________________ ) UNITED STATES OF AMERICA, Case No. 07CR3162-L DATE: JANUARY 7, 2008 TIME: 2:00 p.m. NOTICE OF MOTIONS AND MOTIONS TO: (1) DISMISS COUNTS ONE THROUGH THREE THE INDICTMENT BECAUSE THE GOVERNMENT DEPORTED EYE-WITNESSES WHO POTENTIALLY POSSESSED EXCULPATORY EVIDENCE; DETAIN MATERIAL WITNESSES AND; SEQUESTER MATERIAL WITNESS.

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Case 3:07-cr-03162-L
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Document 19

Filed 12/12/2007

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MOTIONS Defendant, Alfredo Luis-Tenorio, by and through his attorneys, Candis Mitchell and Federal Defenders of San Diego, Inc., asks this Court pursuant to the United States Constitution, the Federal Rules of Criminal Procedure, and all other applicable statutes, case law, and local rules for an order to: (1) Dismiss Counts One Through Six the Indictment Because the Government Deported Eye-witnesses Who Potentially Possessed Exculpatory Evidence; Detain Material Witnesses; and Sequester Material Witnesses.

These motions are based upon the instant motions and notice of motions, the attached statement of facts and memorandum of points and authorities, the files and records in the above-captioned matter, and any and all other materials that may come to this Court's attention prior to or during the hearing of these motions. Respectfully submitted, s/ Candis Mitchell CANDIS MITCHELL Federal Defenders of San Diego, Inc. Attorneys for Mr. Luis-Tenorio [email protected]

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07CR3162-L