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

Case 3:07-cr-03021-WQH

Document 12

Filed 01/28/2008

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DANIEL CASILLAS, ESQ., SBN 110298 Attorney at Law 101 West Broadway, Suite 1950 San Diego, California 92101 Tel: (619) 237-3777 Fax: (619) 238-9914 Email: [email protected] Attorney for Defendant

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA (HONORABLE WILLIAM Q. HAYES) UNITED STATES OF AMERICA, Plaintiff, vs. NOTICE OF MOTIONS AND MOTIONS: PEDRO CRUZ-TERCERO, Defendant. 1. DISMISS INDICTMENT FOR FAILURE TO ALLEGE ESSENTIAL ELEMENTS 2. SUPPRESS STATEMENTS Criminal Case No. 07CR3021-WQH DATE: February 4, 2008 TIME: 2:00 p.m.

TO:

KAREN P. HEWITT, UNITED STATES ATTORNEY, AND CHRISTOPHER TENORIO, ASSISTANT UNITED STATES ATTORNEY. Please take notice that on the above date and time, or as soon thereafter as counsel may be

heard, defendant PEDRO CRUZ-TERCERO, by and through his counsel, Daniel Casillas, shall bring the above-entitled motions. MOTIONS Mr. Cruz-Tercero, by and through his counsel, Daniel Casillas, and 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 to grant the above-entitled motions. These motions are based upon the instant motions, notice of motions, the statement of facts, and the memorandum of points and authorities, the files and records in the above-entitled case, and

07CR3021-WQH

Case 3:07-cr-03021-WQH

Document 12

Filed 01/28/2008

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any and all other evidence that may come to this Court's attention prior to or at the time of the hearing on these motions. Dated: January 28, 2008 Respectfully submitted,

s/DANIEL CASILLAS DANIEL CASILLAS Attorney for Defendant PEDRO CRUZ-TERCERO

07CR3021-WQH