Garcia-Hernandez
United States v. Garcia-Hernandez
Opinion
Opinion
Lorenz, J.
ORDER FOLLOWING TRIAL
A. INTRODUCTION
On August 29, 2007, a federal grand jury in the Southern District of California returned an Indictment charging the Defendant Oscar Javier Garcia-Hernandez (“Defendant”) with one count of Attempted Reentry in violation of Title 8, United States Code, § 1326 (a) and (b). Defendant was arraigned on the Indictment on October 1, 2007, and entered a plea of “not guilty.” Thereafter, Defendant filed several substantive motions, which included: 1) Motion to Dismiss Indictment Because it Fails to Allege All Elements of the Charged Offense; 2) Motion to Dismiss Indictment Because it Violates Defendant’s Right to Presentment; 3) Motion to Dismiss Indictment Due to Misinstruction of the Grand Jury; 4) Motion to Strike Surplusage from the Indictment; 5) Motion to Dismiss Indictment Because it Violates Defendant’s Right to Speedy Trial; 6) Motion to Produce Grand Jury Transcripts; and 7) Motion to Suppress Statements.
A motion hearing was held on January 22, 2008, where the Court addressed each of Defendant’s substantive motions. The Court denied the following motions during that hearing: 1) Motion to Dismiss Indictment Because it Fails to Allege All…