Free Motion to Compel - District Court of California - California

Case 3:07-cr-03052-BEN

Document 7

Filed 11/27/2007

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1 JOHN C. ELLIS, JR.

California State Bar No. 228083
2 FEDERAL DEFENDERS OF SAN DIEGO, INC.

225 Broadway, Suite 900
3 San Diego, California 92101-5008

Telephone: (619) 234-8467
4 [email protected] 5 Attorneys for Mr. Aaron Garcia-Diaz 6 7 8 9 10

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA (HONORABLE ROGER T. BENITEZ) ) ) Plaintiff, ) ) v. ) ) AARON GARCIA-DIAZ, ) ) Defendant. ) ) ______________________________________ ) CASE NO. 07CR3052-BEN DATE: TIME: December 10, 2007 2:00 p.m.

11 UNITED STATES OF AMERICA, 12 13 14 15 16

NOTICE OF MOTIONS AND MOTIONS TO: 1) 2) COMPEL DISCOVERY AND PRESERVE EVIDENCE; AND GRANT LEAVE TO FILE FURTHER MOTIONS

17 TO: 18 19

KAREN P. HEWITT, UNITED STATES ATTORNEY; AND CARLA J. BRESSLER, ASSISTANT UNITED STATES ATTORNEY: PLEASE TAKE NOTICE that, on Monday, December 10, 2007, at 2:00 p.m., or as soon thereafter

20 as counsel may be heard, the accused, Aaron Garcia-Diaz, by and through his attorneys, John C. Ellis, Jr., and 21 Federal Defenders of San Diego, Inc., will ask this Court to enter an order granting the motions listed below. 22 / / / 23 / / / 24 / / / 25 / / / 26 / / / 27 / / / 28 / / /

Case 3:07-cr-03052-BEN

Document 7

Filed 11/27/2007

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MOTIONS Aaron Garcia-Diaz, the accused in this case, by and through his attorneys, John C. Ellis, Jr., and

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

1) 2)

To Compel Further Discovery and Preserve Evidence; and To Grant Leave to File Further Motions.

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

9 facts and memorandum of points and authorities, and any and all other materials that may come to this Court's 10 attention at the time of the hearing on these motions. 11 12 13 DATED: 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

Respectfully submitted,

November 27, 2007

/s/ John C. Ellis, Jr. JOHN C. ELLIS, JR. Federal Defenders of San Diego, Inc. Attorneys for Aaron Garcia-Diaz

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07CR3052-BEN