IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
March 4, 2009
UNITED STATES OF AMERICA, PLAINTIFF,
TIMOTHY PAUL ARTELLAN, DEFENDANT.
The opinion of the court was delivered by: Garland E. Burrell, Jr. United States District Judge
GOVERNMENT's MOTION TO DISMISS INDICTMENT AND PROPOSED ORDER.
The United States of America, by and through its undersigned counsel, moves this court to dismiss the Indictment, No. Cr.S-08-0192-GEB, charging Timothy Paul Artellan with one count of possessing matter containing visual depictions of minors engaged in sexually explicit conduct, in violation of 18 U.S.C. § 2252(a)(4)(B).
As previously represented to the court, the parties entered into an agreement to dismiss the federal indictment in this case, in return for defendant Artellan's pledge to plead guilty to similar state charges. I have been informed by Deputy District Attorney John Quinn that Mr. Artellan has pleaded guilty in Siskiyou County Superior Court, to a violation of California Penal Code § 311.2(b), sending or bringing into the state for sale or distribution, matter depicting sexual conduct by a minor. As part of his guilty plea in state court, Mr. Artellan stipulated to a state prison term of 6 years. This resolution was consistent with the agreement of the parties.
Accordingly, in light of the successful resolution of the state case, the government moves that the federal indictment be dismissed and that the status conference set for March 6, 2009 at 9 a.m. be vacated.
ORDER For the reasons stated in the Government's Motion to Dismiss and good cause appearing, the Indictment, Cr.S-08-0192-GEB charging Timothy Paul Artellan in one count with possessing visual depictions of minors engaged in sexually explicit conduct, in violation of 18 U.S.C. § 2252(a)(4)(B), is dismissed. The status conference set for March 6, 2009 at 9 a.m. is vacated.
IT IS SO ORDERED.
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