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United States v. Sims

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


August 22, 2008

UNITED STATES OF AMERICA, PLAINTIFF,
v.
ANDREW WESLEY SIMS, DEFENDANT.

MOTION TO DISMISS INDICTMENT AND [PROPOSED] ORDER

Pursuant to Rule 48 of the Federal Rules of Criminal Procedure, Plaintiff, United States of America, by and through its undersigned attorney, moves this Court for an order dismissing the indictment against Andrew Wesley Sims in Case No. S-07-437 WBS, filed on September 27, 2007. The two-count indictment charges the defendant with violating 21 U.S.C. §§ 846 and 841(a)(1) -- Conspiracy to Manufacture Marijuana and Manufacturing Marijuana.

This motion is made in the interest of justice in light of evidence discovered post indictment regarding the defendant's participation in the conspiracy to manufacture marijuana and his actual involvement in the cultivation of the marijuana at issue in this case.

The defendant is currently out of custody under the supervision of a Pretrial Services Officer.

DATE: August 21, 2008

McGREGOR W. SCOTT United States Attorney

MICHAEL M. BECKWITH Assistant U.S. Attorney

ORDER

The indictment in this case is hereby DISMISSED as against defendant ANDREW WESLEY SIMS only.

20080822

© 1992-2008 VersusLaw Inc.



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