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

Case 3:07-cr-03104-LAB

Document 17

Filed 11/26/2007

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1 JODI THORP 2 FEDERAL DEFENDERS OF SAN DIEGO, INC. 3 San Diego, California 92101 4

California Bar No. 223663 225 Broadway, Suite 900

Telephone: (619) 234-8467 ext. 3705

5 Attorneys for Ms. Soto 6 7 8 9 10

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA (HONORABLE LARRY A. BURNS) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) U.S.D.C. No. 07CR3104-LAB Date: Time: December 17, 2007 2:00 p.m.

11 UNITED STATES OF AMERICA, 12 13 14 15 v. 16 17 ROSA MARIA SOTO-ORTIZ, 18 19 20 21 22 23 TO: 24 25

Plaintiff,

NOTICE OF MOTIONS AND MOTIONS TO: (1) (2) (3) DIS M IS S IN D IC T M E N T D U E T O MISINSTRUCTION OF THE GRAND JURY; SUPPRESS EVIDENCE UNDER THE FOURTH AMENDMENT; DISMISS INDICTMENT DUE TO VIOLATION OF FIFTH AND SIXTH AMENDMENT RIGHT TO COMPULSORY PROCESS; SUPPRESS STATEMENTS OF UNAVAILABLE WITNESSES UNDER THE SIXTH AMENDMENT; SEVER DEFENDANTS' TRIAL; AND GRANT LEAVE TO FILE FURTHER MOTIONS

(4) (5) (6)

Defendant.

KAREN P. HEWIT, UNITED STATES ATTORNEY, AND CARLOS ARGUELLO, ASSISTANT UNITED STATES ATTORNEY. PLEASE TAKE NOTICE that on December 17, 2007 at 2:00 p.m., or as soon thereafter as counsel may

26 be heard, Defendant Rosa Soto-Ortiz, by and through her attorneys, Jodi Thorp and Federal Defenders of San 27 Diego, Inc., will ask this Court to enter an order granting the following motions. 28

Case 3:07-cr-03104-LAB

Document 17

Filed 11/26/2007

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MOTIONS Defendant Rosa Soto-Ortiz, by and through her attorneys, Jodi Thorp and Federal Defenders of San

3 Diego, Inc., moves this Court pursuant to the United States Constitution, the Federal Rules of Criminal 4 Procedure, and all other applicable statutes, case law, and local rules for an order to: 5 6 7 8 9 10 11 12

(1) (2) (3)

Dismiss Indictment Due to Misinstruction of the Grand Jury; Suppress Evidence Under the Fourth Amendment; Dismiss Indictment Due to Violation of Fifth and Sixth Amendment Right to Compulsory Process;

(4) (5) (6)

Suppress Statements of Unavailable Witnesses under the Sixth Amendment; Sever Defendants' Trials; and Grant Leave to File Further Motions.

This motion is based upon the instant motions and notice of motions, the attached statement of facts

13 and memorandum of points and authorities, the files and records in the above-captioned matter, and any and 14 all other materials that may come to this Court's attention prior to or during the hearing of these motions. 15 16 17 Dated: November 26, 2007 18 19 20 21 22 23 24 25 26 27 28

Respectfully submitted, s/ Jodi Thorp JODI THORP Federal Defenders of San Diego, Inc. Attorneys for Ms. Soto

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07CR3104-LAB