IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
February 27, 2009
UNITED STATES OF AMERICA, PLAINTIFF,
SHERRY MACHADO, DEFENDANT.
The opinion of the court was delivered by: Frank C. Damrell, Jr. United States District Judge
MOTION TO DISMISS INDICTMENT AND 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 SHERRY MACHADO in Case No. S-07-0330-FCD, filed on August 2, 2007.
The two-count indictment charges the defendant with violating 21 U.S.C. §§ 846 and 841(a)(1) -- Conspiracy to Manufacture Over 100 Plants of Marijuana and Manufacturing Over 100 Plants of 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 and manufacturing charges.
The defendant is currently out of custody under the supervision of a Pretrial Services Officer.
DATE: February 27, 2009
LAWRENCE G. BROWN Acting United States Attorney
MICHAEL M. BECKWITH Assistant U.S. Attorney
APPROVED AND SO ORDERED:
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