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United States v. Herrera

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


January 28, 2009

UNITED STATES OF AMERICA, PLAINTIFF,
v.
LEOBARDO PEREZ HERRERA, DEFENDANT.

The opinion of the court was delivered by: Edward J. Garcia, Judge United States District Court

GOVERNMENT'S MOTION TO DISMISS CHARGES IN SUPERSEDING INDICTMENT AGAINST LEOBARDO PEREZ HERRERA; ORDER

Background On Friday, January 23, 2009, defendant Leobardo Perez Herrera pled guilty before Magistrate Judge Gregory G. Hollows to a superseding misdemeanor information charging him with a violation of 8 U.S.C. § 1325, illegal entry by an alien. Immediately thereafter, Judge Hollows imposed a sentence of time served during pretrial detention. The defendant was released from custody on the charges in this case, triggering his detention for deportation proceedings. The written plea agreement provides that after entry of the guilty plea, the government will move to dismiss without prejudice all charges against the defendant in the pending indictment.

Motion The government moves to dismiss without prejudice all charges against defendant LEOBARDO PEREZ HERRERA in the Superseding Indictment in this case.

LAWRENCE G. BROWN Acting United States Attorney

Samantha S. Spangler Assistant U.S. Attorney

Order

Good cause having been shown, the Court hereby orders that all charges against defendant LEOBARDO PEREZ HERRERA in the Superseding Indictment in this case are DISMISSED.

IT IS SO ORDERED.

20090128

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