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United States v. Banks

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


January 29, 2009

UNITED STATES OF AMERICA, PLAINTIFF,
v.
DENISE BANKS, DEFENDANT.

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

MOTION TO DISMISS INDICTMENT AND ORDER

Motion Plaintiff, United States of America, by and through its undersigned counsel, hereby moves to dismiss, pursuant to Rule 48(a) of the Federal Rules of Criminal Procedure, the indictment filed on December 12, 2007, charging defendant Denise Banks with two counts of filing a false claim, in violation of 18 U.S.C. § 287.

The government moves for dismissal because it has determined, after considering a neuropsychologist's report evaluating her competency, that insufficient evidence exists to prove beyond a reasonable doubt that Ms. Banks possessed the mental state necessary to commit the charged violations. Accordingly, dismissal is in the interest of justice.

DATED: January 28, 2009

LAWRENCE G. BROWN Acting United States Attorney

Samantha S. Spangler Assistant U.S. Attorney

Order Good cause appearing therefor, the Court grants the government's motion to dismiss the indictment.

IT IS SO ORDERED.

20090129

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