Free Motion to Exclude - District Court of California - California

Case 3:07-cr-03157-JLS

Document 18

Filed 04/07/2008

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1 SHAFFY MOEEL

California State Bar No. 238732
2 FEDERAL DEFENDERS OF SAN DIEGO, INC.

225 Broadway, Suite 900
3 San Diego, California 92101-5030

Telephone: (619) 234-8467
4 e-mail: [email protected] 5 Attorneys for Mr. Bravo-Gonzalez 6 7 8 9 10

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA (HONORABLE JANIS L. SAMMARTINO) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) CASE NO. 07CR3157-JLS DATE: TIME: April 11, 2008 1:30 p.m.

11 UNITED STATES OF AMERICA, 12 13 14 v. 15 16 LUIS BRAVO-GONZALEZ, 17 18 19 20 21 22 23

Plaintiff,

NOTICE OF MOTIONS IN LIMINE AND MOTIONS IN LIMINE: 1) 2) 3) 4) 5) 6) 7) 8) TO EXCLUDE ALL DEPORTATION DOCUMENTS; TO PROHIBIT EVIDENCE UNDER FED. R. EVID. 404(B) AND 609; TO EXCLUDE WITNESSES (A-FILE CUSTODIAN); TO ALLOW ATTORNEY-CONDUCTED VOIR DIRE; TO PROHIBIT WITNESSES FROM REFERRING TO MR. BRAVOGONZALEZ AS "THE ALIEN"; PRODUCE GRAND JURY TRANSCRIPTS; TO PRECLUDE EXPERT TESTIMONY; AND ALLOW LEAVE TO FILE FURTHER MOTIONS.

Defendant.

___________________________________
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TO:
25 26

KAREN P. HEWITT, UNITED STATES ATTORNEY; AND STEVEN DESALVO, ASSISTANT UNITED STATES ATTORNEY: PLEASE TAKE NOTICE that on April 11, 2008 at 1:30 p.m., or as soon thereafter as counsel may

27 be heard, the defendant, Luis Bravo-Gonzalez, by and through his attorneys, Shaffy Moeel and Federal 28 Defenders of San Diego, Inc., will ask this Court to enter an order granting the motions in limine listed below.

Case 3:07-cr-03157-JLS

Document 18

Filed 04/07/2008

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MOTIONS IN LIMINE Luis Bravo-Gonzalez, the defendant in this case, by and through his attorneys, Shaffy Moeel and

3 Federal Defenders of San Diego, Inc., pursuant to the United States Constitution, the Federal Rules of 4 Criminal Procedure, and all other applicable statutes, case law and local rules, hereby moves this Court for 5 an order to: 6 7 8 9 10 11

1. 2. 3. 4. 5. 6. 7. 8.

exclude deportation documents; prohibit evidence under Fed. R. Evid. 404(b) and 609 evidence; exclude witnesses (A-file Custodian); allow attorney-conducted voir dire; prohibit witnesses from referring to Mr. Bravo-Gonzalez as "the alien" produce grand jury transcripts; preclude expert testimony; and to allow leave to file further motions.

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

12 statement of facts and memorandum of points and authorities, and any and all other materials that may be 13 adduced at the time of the hearing on these motions. 14 15 16 Dated: April 7, 2008 17 18 19 20 21 22 23 24 25 26 27 28

Respectfully submitted, /s/ Shaffy Moeel SHAFFY MOEEL Federal Defenders of San Diego, Inc. Attorneys for Mr. Bravo-Gonzalez

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07CR3157-JLS