Free Response to Motion - District Court of Arizona - Arizona

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JILBERT TAHMAZIAN, BAR NO 143574 LAW OFFICES OF JILBERT TAHMAZIAN 1518 W. GLENOAKS BL. GLENDALE, CA 91201 (818) 242-8201 (818) 242-8246 (fax) Attorney for Defendant RUBEN LOPEZ-FELIX

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

UNITED STATES OF AMERICA, Plaintiff,

14 15

vs. RUBEN LOPEZ-FELIX,

16 Defendant. 17 18

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CASE NO. CR04-0014-PHX-DGC

DEFENDANT'S RESPONSE TO ORDER TO SHOW CAUSE ISSUED ON APRIL 16, 2008

To the Honorable Judge of the United States District Court for the District of 19 Arizona: 20 Your petitioner, Jilbert Tahmazian, respectfully represents that the bail in the amount of 21 $100,000 cash bond, paid for the defendant Ruben Lopez-Felix has derived from sources other 22 than the defendant and should be returned to its rightful owners. In support of his 23 representations, the counsel is submitting Declarations from Marco Antonio Felix, Eduardo L. 24 Felix, Rafael & Victoria Garcia, Victoria Bueno, Rosa Maya and Lidia Felix. 25 Dated: May 15, 2008 26 27 28 Case 2:04-cr-00014-DGC /s/ Jilbert Tahmazian Jilbert Tahmazian, Esq. 1518 W. Glenoaks Bl. Glendale, CA 91201, (818) 242-8201 1 Document 121 Filed 05/15/2008 Page 1 of 8 Respectfully Submitted,

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DECLARATION OF MARCO ANTONIO FELIX I, Marco Antonio Felix, declare: 1. I am over the age of 18 and not a party to this action. If called as a witness I could and would competently and under oath testify to the following of my personal knowledge, except as to those matters based upon information and belief which I take to be true. I am a brother of the defendant in the underlying action. My address is 25320 Potrero Vally Rd, Potrero, CA 91963, telephone number 619-4785629. In or about July 2004, I contributed $25,000 of my own money towards my brother's bail. None of these monies derived from my brother's criminal activities. I declare under penalty of perjury that the foregoing is true and correct. Executed this 13th day of May 2008 at Potrero, California.

/s/ Marco Antonio Felix Marco Antonio Felix, Declarant

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DECLARATION OF EDUARDO L. FELIX I, Eduardo L. Felix, declare: 1. I am over the age of 18 and not a party to this action. If called as a witness I could and would competently and under oath testify to the following of my personal knowledge, except as to those matters based upon information and belief which I take to be true. I am a brother of the defendant in the underlying action. My address is 1612 D Street, San Luis, AZ 85349, telephone number 928-627-2649. In or about July 2004, I contributed $15,000 of my own money towards my brother's bail. None of these monies derived from my brother's criminal activities. I declare under penalty of perjury that the foregoing is true and correct. Executed this 13th day of May 2008 at San Luis, Arizona.

/s/ Eduardo Felix Eduardo L. Felix, Declarant

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DECLARATION OF RAFAEL AND VICTORIA GARCIA We, Rafael and Victoria Garcia, declare: 1. We are over the age of 18 and not a party to this action. If called as a witness I could and would competently and under oath testify to the following of my personal knowledge, except as to those matters based upon information and belief which I take to be true. We are parents in law of the defendant in the underlying action. Our address is 49785 Riverview Rd., Echerenberg, AZ 85334, telephone number 928923-9621. In or about July 2004, we contributed $17,000 of our own money towards our son in law's bail. None of these monies derived from Ruben LopexFelix's criminal activities. We declare under penalty of perjury that the foregoing is true and correct. Executed this 13th day of May 2008 at Echerenberg, Arizona.

/s/ Rafael Garcia Rafael Garcia, Declarant

/s/ Victoria Garcia Victoria Garcia, Declarant

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DECLARATION OF VICTORIA BUENO I, Victoria Bueno, declare: 1. I am over the age of 18 and not a party to this action. If called as a witness I could and would competently and under oath testify to the following of my personal knowledge, except as to those matters based upon information and belief which I take to be true. I am an aunt of the defendant in the underlying action. My address is 50179 Parker Hwy #2, Echerenberg, AZ 85334, telephone number 928-923-9506. In or about July 2004, I contributed $10,000 of my own money towards my nephew's bail. None of these monies derived from my nephew's criminal activities. I declare under penalty of perjury that the foregoing is true and correct. Executed this 13th day of May 2008 at Echerenberg, Artizona.

/s/ Victoria Bueno Victoria Bueno, Declarant

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DECLARATION OF ROSA MAYA I, Rosa Maya, declare: 1. I am over the age of 18 and not a party to this action. If called as a witness I could and would competently and under oath testify to the following of my personal knowledge, except as to those matters based upon information and belief which I take to be true. I am an aunt of the defendant in the underlying action. My address is 17688 Palo Walla St., Blythe, CA 92225, telephone number 760-921-8533. In or about July 2004, I contributed $8,000 of my own money towards my nephew's bail. None of these monies derived from my brother's criminal activities. I declare under penalty of perjury that the foregoing is true and correct. Executed this 13th day of May 2008 at Blythe, California.

/s/ Rosa Maya Rosa Maya, Declarant

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DECLARATION OF LIDIA FELIX I, Lidia Felix, declare: 1. I am over the age of 18 and not a party to this action. If called as a witness I could and would competently and under oath testify to the following of my personal knowledge, except as to those matters based upon information and belief which I take to be true. I am the mother of the defendant in the underlying action. My address is 13245 Olive Dr., Blythe, CA 92226, telephone number 760-922-8333. In or about July 2004, I borrowed $25,000 from my friends and owners of Amapola Café, Elvira and Ramon Noriega (218 N. Main St., Blyther, CA 92226, 760-922-9472), and used the borrowed money to pay for my son's bail. None of these monies derived from my son's criminal activities. I declare under penalty of perjury that the foregoing is true and correct. Executed this 13th day of May 2008 at Blythe, California.

/s/ Lidia Felix Lidia Felix, Declarant

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CERTIFICATE OF SERVICE

I am employed in the county of Los Angeles, State of California in the offices of a member of the State Bar of California at whose direction this service was made. I am over the age of 18 and not a party to the within action. My business address is 1518 West Glenoaks Blvd, Glendale, California 91201. On the date set forth below, I served the foregoing document described as DEFENDANT'S RESPONSE TO OSC on the interested parties, named below and in this action by the method of service set forth below: U.S. ATTORNEY'S OFFICE 40 N. Central Ste. 1200 Phoenix, AZ 85004 XX BY MAIL. I am "readily familiar" with the firm's practice of collecting and processing correspondence for mailing. Under that practice, the mail would be deposited with the U.S. Postal Service on that same day with postage thereon fully prepaid at Los Angeles, California in the ordinary course of business. I am aware that upon motion of the party served, service is presumed invalid if the postal cancellation date or postal meter date is more than one day after the date of deposit for mailing an affidavit. BY FACSIMILE. By transmitting a copy of above listed document by a "FAX" machine to the FAX number noted on the attached master mailing list and/or as listed above. I declare under penalty of perjury and the laws of the State of California that the foregoing is true and correct. Executed on May 15, 2008 at Glendale, State of California.

/s/ Alex Van Kovn Alex Van Kovn

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