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

Case 3:07-cr-03108-W

Document 12

Filed 12/27/2007

Page 1 of 2

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20

JASON I. SER California State Bar No. 201816 FEDERAL DEFENDERS OF SAN DIEGO, INC. 225 Broadway, Suite 900 San Diego, California 92101-5008 Telephone: (619) 234-8467 [email protected] Attorneys for Mr. Santillanes-Lopez

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA (HONORABLE THOMAS J. WHELAN) UNITED STATES OF AMERICA, ) ) ) Plaintiff, ) ) v. ) ) TOMAS SANTILLANES-LOPEZ, ) ) ) Defendant. ) ) ) ) ) ) ) _____________________________________ ) TO: Case No.: 07cr3108-W Date: Time: January 7, 2008 2:00 p.m.

NOTICE OF MOTIONS AND MOTIONS TO: (1) DISMISS INDICTMENT DUE TO THE UNCONSTITUTIONALITY OF THE CHARGING STATUTES; (2) DISMISS THE INDICTMENT DUE TO MISINSTRUCTION OF THE GRAND JURY; (3) PRESERVE AND INSPECT EVIDENCE; (4) COMPEL DISCOVERY; AND, (5) GRANT LEAVE TO FILE FURTHER MOTIONS

21 22 23 24 25 26 27 28

KAREN P. HEWITT, UNITED STATES ATTORNEY; AND WILLIAM A. HALL, JR., ASSISTANT UNITED STATES ATTORNEY: PLEASE TAKE NOTICE that on January 7, 2008, at 2:00 p.m., or as soon thereafter as counsel

may be heard, the accused, Tomas Santillanes-Lopez, by and through his attorneys, Jason I. Ser and Federal Defenders of San Diego, Inc., will ask this Court to enter an order granting the motions outlined below. // //

07cr3108-W

Case 3:07-cr-03108-W

Document 12

Filed 12/27/2007

Page 2 of 2

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DATED: December 27, 2007

MOTIONS Defendant, Mr. Santillanes-Lopez, by and through his attorneys, Jason I. Ser and Federal Defenders of San Diego, Inc., pursuant to the United States Constitution, the Federal Rules of Criminal Procedure, and all other applicable statutes, case law and local rules, hereby moves this Court for an order to: (1) (2) (3) (4) (5) Dismiss the Indictment Due to the Unconstitutionality of the Charging Statutes; Dismiss the Indictment Due to Misinstruction of the Grand Jury; Preserve and Inspect Evidence; Compel Discovery; and, Grant Leave to File Further Motions.

These motions are 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 or before the time of the hearing on these motions. Respectfully submitted, /s/ Jason I. Ser JASON I. SER Federal Defenders of San Diego, Inc. Attorneys for Mr. Santillanes-Lopez E-mail: [email protected]

2

07cr3108-W