Welcome to the F.P.D.’s motions bank. These pages contain a compilation of motions, briefs and memorandums on important topics that have been written by members of our office.
The motions bank is updated constantly as new issues are raised and new arguments made. We welcome the opportunity to include briefs written by panel attorneys. If you have any briefs that you feel may be of benefit to the rest of us, please send us a copy, preferably on disk or by e-mail, but if that is not possible then a send us a printed unmarked copy. Remember, the more input we get, the more valuable the motions bank will be to all of us.
For ease of reference, the briefs have been indexed by topics. These topics will continue to expand as we place more motions in the bank.
When you click on the file name, you will have the option of downloading the file to your computer, or of viewing the same remotely. Given the variety of web browsers and of word processing programs, and the problems that created when accessing the information, we have placed all the documents in both WordPerfect and PDF formats. If you want to see the document, please open the PDF version of the document. If you want to download the document to your computer, use the WordPerfect option, and click download in the option box that will appear. You can obtain a free copy of the Adobe Acrobat PDF reader here.
A final note of caution... these motions were current at the time they were filed, and it’s our good faith belief that all of the arguments and cases contained are still valid. However, all attorneys should update these motions before filing them, in compliance with ethical standards.. The availability of these motions in no way implies direct or indirect legal advise from the Federal Public Defender.
OBJECTIONS TO PRESENTECE REPORTS & DEPARTURES
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Departure in 1326 case based on cultural assimilation, family ties, greater hardship, greater harm, and applicability of Guidelines when the offence was committed. WP PDF |
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Departure in 1326 case base on 16 level enhancement and over-representation of criminal history. (This motion will be obsolete if the proposed amendment to Guideline 2L1.1 enters into effect on November 1, 2001. WP PDF |
DISCOVERY
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Request for information on considerations/rewards given to Gov. informants. WP PDF |
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Request for discovery in revocation of supervised release proceedings. WP PDF |
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Request for preservation of law enforcement officer rough notes. WP PDF |
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Motion to compel Government to allow visit to a detained vessel. WP PDF |
MOTION TO DISMISS
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Boat allegedly carrying drugs was boarded in international waters without country of origin’s permission. WP PDF |
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Boat was detained outside of 12 mile territorial waters limit, flagless vessel, in 1326 case. WP PDF |
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Speedy Trial violation, from Complaint to Indictment. WP PDF |
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Request for dismissal alleging the Hobbs Act is inapplicable in home robbery case, where contact with interstate commerce is tenuous. WP PDF |
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Motion to Dismiss a 922 gun charge, based on unconstitutionality, since the charge does not prove that the defendant affected interstate commerce himself with the gun. WP PDF |
MOTIONS TO SUPPRESS
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Suppression of statements during custodial detention in which the client was not advised of his Miranda rights. WP PDF |
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Suppress fingerprint evidence based on Daubert considerations. WP PDF |
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Motion for Daubert Hearing, requesting to suppress fingerprints. WP PDF |
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Memorandum of Law to suppress fingerprints based on Daubert. WP PDF |
MOTION TO INTRODUCE TEST / EXPERT TESTIMONY
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Motion requesting admission of evidence of diminished capacity in Trial without alleging an insanity defense, and argument of the Government’s limited right to examine client on this diminished capacity. WP PDF |
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Motion to admit polygraph examination as evidence in defense’s case in chief. WP PDF |
MISCELLANEOUS
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Letter requesting waiver of the Special Monetary Assessment. WP PDF |
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Letter requesting dismissal of case based on Pettite policy considerations. WP PDF |