Free Motion to Compel - District Court of California - California

Case 3:07-cr-03029-BTM

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Filed 07/18/2008

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1 ERICK L. GUZMAN

California State Bar No. 244391 2 FEDERAL DEFENDERS OF SAN DIEGO, INC. 225 Broadway, Suite 900 3 San Diego, California 92101-5008 Telephone No. (619) 234-8467 4 Email: [email protected]
5 Attorneys for Mr. Caperon 6 7 8 9 10 11 12

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA (HONORABLE BARRY T. MOSKOWITZ) UNITED STATES OF AMERICA, Plaintiff, v. ) ) ) ) ) ) ) ) ) ) ) Criminal No. 07CR3029-BTM DATE: July 25, 2008 TIME: 1:30 P.M. MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF DEFENDANT'S MOTIONS

13 VICTOR MANUEL CAPERON, 14 15 16 17 18

Defendant.

I. STATEMENT OF FACTS1 On March 23, 2007, Mr. Caperon was sentenced to twelve months custody from Judge Sabraw in

19 Case No. 06CR2686-DMS. He had a then anticipated release date of November 23, 2007. According to 20 the government, he was transferred to a re-entry center on October 19, 2007, and signed out of that facility 21 on October 20, 2007. On November 7, 2007, the government indicted Mr. Caperon with violating United 22 States Code, sections 751 & 4082. On June 10, 2008, he was arrested at the San Ysidro Port of Entry. On 23 that date, he was arraigned on the indictment and pled not guilty. 24 25 26 27
1

These motions follows.

28 concede the veracity of any of these allegations.

These "facts" are based on discovery provided by the government. Mr. Caperon does not

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II. COMPEL ALL DISCOVERABLE MATERIAL Mr. Caperon requests all discoverable material pursuant to Federal Rule of Criminal Procedure 16,

4 Brady v. Maryland, 373 U.S. 83 (1963), Giglio v. United States, 405 U.S. 150 (1972). This includes material 5 that may support any defense pre-trial motions. See United States v. Cedano-Arellano, 332 F.3d 568 (9th 6 Cir. 2003) (Rule 16 applies to discovery material to defense pre-trial motions); United States v. Gamez7 Orduno, 235 F.3d 453, 462 (9th Cir. 2000) (Brady applies to material supporting defense pre-trial motions). 8 Mr. Caperon also requests any evidence that the government may potentially attempt to enter vis-a-vis rule 9 Federal Rule of Evidence 404(b). 10

Mr. Caperon requests all arrest reports, investigator's notes, memos from arresting officers, dispatch

11 tapes, sworn statements, and prosecution reports pertaining to Mr. Caperon and available under Fed. R. Crim. 12 P. 16(a)(1)(B) and (C), Fed. R. Crim. P. 26.2 and 12(I). Mr. Caperon specifically requests that all 13 surveillance tapes or any other audio or visual tape recordings which exist and which relate in any way to 14 his case and or his arrest be preserved and provided in their entirety. Specifically, it is Mr. Caperon's 15 understanding that the facility where Mr. Caperon was supposed to reside has surveillance cameras. 16 Accordingly, he requests any footage captured during the period of 17

Specifically, Mr. Caperon requests a copy of the reports or records of the phone calls made by the

18 facility employees to "local hospitals, detention centers, and known emergency contacts." See Gov't. 19 Statement of Facts at 1 (attached as Exhibit A). Further, Mr. Caperon requests a copy of the "day pass" he 20 was given, unless that is one of the documents contained the discovery already provided, in which case, 21 Mr. Caperon would just request the government to specify which page of discovery that is. 22 23 24 25 // 26 // 27 // 28 07cr3029

III. LEAVE TO FILE FURTHER MOTIONS Mr. Caperon respectfully requests the court leave to file further motions if necessary.

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IV. CONCLUSION Mr. Caperon requests that the Court to grant the above motions. Respectfully submitted, Dated: July 18, 2008 /s/ Erick L. Guzman ERICK L. GUZMAN Federal Defenders of San Diego, Inc. Attorneys for Mr. Caperon