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United States v. Rahmani

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA WESTERN DIVISION


January 20, 2009

UNITED STATES OF AMERICA, PLAINTIFF,
v.
ROYA RAHMANI, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Robert M. Takasugi United States District Sr. Judge

ORDER SETTING HEARING DATES FOR DEFENDANTS' MOTIONS TO DISMISS

This matter has come before the court on motions to dismiss filed by Defendants Roya Rahmani, Alireza Mohammadmoradi, Moustafa Ahmady, Hossein Kalani Afshari, Hassan Rezaie, Navid Taj, and Mohammad Hossein Omidvar ("Defendants" or "all defendants" ) and on defendants' motion for disclosure of grand jury transcripts.

On May 9, 2008, in recognition, in part, that some pretrial motions had been filed before the Second Superseding Indictment ("Indictment") was filed and before new counsel had been appointed, the court ordered the parties to advise the court and other parties, in writing, whether the moving party would be withdrawing or revising any of the then pending motions, or whether the motion stood as filed. May 9, 2008 Order Re: Scheduling of Pretrial Motions, Doc. No. 771.

On July 15, 2008 defendants filed fifteen motions to dismiss, challenging various aspects of the Indictment filed on November 29, 2007. See Defendant's Summary Chart of Motions Filed July 15, 2008, Doc. No. 788.

On August 4, 2008, Defendant Omidvar filed an additional motion to dismiss which was subsequently joined by Defendant Taj on August 15, 2008. Joinder in Motion to Dismiss Counts 1-23 and 32-58, Doc. No. 812.

On September 17, 2008, the court reminded parties that they were yet to notify the court whether motions filed before July 15, 2008 were either revised, withdrawn or renewed. September 17, 2008 Minute Order Re: Status of Pending Motions, Doc. No. 834. On September 19, 2008, defendants filed their Response Re: Status of Previous Motions addressing the court's September 12, 2008 Order.

Accordingly, IT IS ORDERED that hearings are set for 9:30 a.m. for defendants' motions to dismiss as follows:

Doc. No.

Motion Moving Party (ies) Hearing Date

795 Defendants' Motion to Invalidate the

All defendants Tuesday,

Government's 18 U.S.C. § 3292 Applications

March 17, 2009

796 Defendants' Motion to Dismiss New

All defendants Tuesday,

Counts In First And Second Superseding Indictments Pursuant to the Statute of Limitations

March 17, 2009

797 Defendants' Motion to Dismiss New

All defendants Tuesday,

Counts In First And Second Superseding Indictments Pursuant to Sixth Amendment Speedy Trial Requirement And Rule 48(B)

March 17, 2009

Doc. No.

Motion Moving Party (ies) Hearing Date

809 Defendants' Motion to Dismiss Counts

Omidvar, Taj Tuesday,

1-23 And 32-58 as Time Barred

March 17, 2009

798 Defendants' Motion to Dismiss Money

All defendants Friday,

Laundering Counts 32-58 for Failure to State an Offense

March 20, 2009

800 Defendants Rahmani's and

Rahmani, Mohammadmoradi

Friday, March 20, 2009

Mohammadmoradi's Motion to Dismiss Counts 24-26 for Failure to Allege any False Statements to a Bank

801 Defendant Rahmani's Motion to Dismiss

Rahmani Friday,

Counts 59-65 for Failure to Allege Knowledge of Status

March 20, 2009

802 Defendant Rahmani's Motion to Dismiss

Rahmani Friday,

Counts 27-30 for Alleging that Immigration Documents Were Counterfeit

March 20, 2009

803 Defendant Rahmani's Motion to Dismiss

Rahmani Friday,

Counts 28-30 for Alleging Criminal Activity in a Foreign Consulate

March 20, 2009

789 Defendants' Motion to Dismiss Counts

All defendants Friday,

59-117 for Violating the Ex Post Facto Clause and Being a Bill Of Attainder

March 27, 2009

790 Defendants' Motion to Dismiss Counts

All defendants Friday,

59-117 Pursuant to the First and Sixth Amendments

March 27, 2009

Doc. No.

Motion Moving Party (ies) Hearing Date

799 Defendants' Motion to Dismiss Counts

Rahmani, Ahmady, Afshari, Mohammadmoradi

Friday, March 27, 2009

60-82 for Alleging only Solicitation but not Material Support

791 Defendants' Motion to Allow

All defendants Friday, April

Defendants to Challenge MEK's Designation as a Foreign Terrorist Organization or to Dismiss Counts 59-117

3, 2009

792 Defendants' Motion to Dismiss the All defendants Friday, April 3, 2009

Indictment for Violating the Fifth Amendment Due Process Clause 794 Defendants' Motion To Dismiss For

All defendants Friday, April

Selective Prosecution 3, 2009

# # # # # # # # # #

IT IS FURTHER ORDERED that to the extent defendants' arguments in the following motions are not incorporated in the motions stated above, the following motions are denied as moot:

Doc. No. Motion 509 Motion to Dismiss Counts 60-63 of the First Superseding Indictment

Pursuant to the Statute of Limitations 510 Motion to Dismiss Counts 1-7 of the First Superseding Indictment 511 Motion to Dismiss Counts 60-63 of the First Superseding Indictment

Pursuant to the Speedy Trial Requirement and Rule 48(B) of Criminal Procedure 565 Motion to Dismiss the Superseding Indictment for Grand Jury Bias 611 Motion to Dismiss Counts One, Two through Twenty-Three, Twenty-Six,

Thirty One through Fifty-Nine and Seventy-Five through One Hundred Seventeen of the Second Superseding Indictment Pursuant to the Statute of Limitations.

20090120

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