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United States v. Flores-Garcia

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


February 5, 2009

UNITED STATES OF AMERICA, PLAINTIFF,
v.
GILBERTO FLORES-GARCIA, DEFENDANT.

The opinion of the court was delivered by: Frank C. Damrell, Jr. United States District Judge

GOVERNMENT MOTION TO DISMISS AND ORDER DISMISSING INDICTMENT

The government hereby moves to dismiss the indictment because venue lies in the Central District of California.

As alleged in the indictment, the defendant was found in the Eastern District of California on August 3, 2008. However, the government has become aware that, in April 2008, when the defendant was in custody on local charges in the City of La Habra in the Central District of California, an ICE hold was placed on him. The defendant was released from custody in La Habra and was not deported prior to his contact with immigration authorities in the Eastern District. Accordingly, the defendant was "found" in April 2008 in the Central District of California for purposes of a Title 8, section 1326 prosecution. See United States v. Hernandez, 189 F.3d 785 (9th Cir. 1999).

Therefore, pursuant to Rule 48(a) of the Federal Rules of Criminal Procedure, the government asks the Court to file an order dismissing the indictment.

Respectfully submitted,

LAWRENCE G. BROWN Acting United States Attorney

Date: February 4, 2009

DANIEL S. McCONKIE Assistant U.S. Attorney Attorneys for the Plaintiff UNITED STATES OF AMERICA

ORDER

APPROVED AND SO ORDERED.

20090205

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