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United States v. Avetisian

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


December 29, 2008

UNITED STATES OF AMERICA, PLAINTIFF,
v.
SAMVEL AVETISIAN, DEFENDANT.

ORDER TO DISMISS INDICTMENT AND ARREST WARRANT FILED AGAINST DEFENDANT SAMVEL AVETISIAN

Plaintiff United States of America, by and through its undersigned counsel, and pursuant to Fed. R. Crim. P. 48, moves to dismiss the indictment and arrest warrant in the above-captioned action filed on September 13, 2001. Since filing the indictment, the government has not been able to locate the defendant and has come to believe that he fled the United States no later than 2003. In the meantime, the government has lost significant evidence and the potential to secure witness testimony necessary for prosecution.

Accordingly, the government is not able to proceed with the prosecution and submits this motion to dismiss the indictment and arrest warrant filed against defendant Samvel Avetisian.

DATED: December 24, 2008

ORDER

Based on the motion of the government, and GOOD CAUSE APPEARING THEREFORE, the Court hereby orders that the indictment and arrest warrant filed against defendant Samvel Avetisian on September 13, 2001, be and are hereby dismissed.

IT IS SO ORDERED.

20081229

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