IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
April 13, 2009
UNITED STATES OF AMERICA, PLAINTIFF,
AMBARTSUM AKOPIAN, DEFENDANT.
Motion to Dismiss Information
Plaintiff United States of America, by and through its undersigned counsel, and pursuant to Fed. R. Crim. P. 48, moves to dismiss the information filed on October 31, 2002 against Ambartsum Akopian in the above-captioned action.
The government moves for this dismissal in light of the passage of time and an assessment of the available evidence. It appears from a review of the docket that a notice to appear was issued to the defendant for an arraignment on November 14, 2002. The hearing was continued to February 6, 2003 according to the docket, but the defendant did not appear and no further court action was taken on the case. Although it appears the defendant was aware of the proceedings, he never appeared in court after November 2002. In addition, the government has done a review of the evidence still available to pursue and prosecute this individual and concluded that there is insufficient evidence to proceed at this time.
Accordingly, the government respectfully requests that the Court dismiss the indictment against Ambartsum Akopian.
LAWRENCE G. BROWN Acting United States Attorney
Date: April 10, 2009
LAURA L. FERRIS Assistant United States Attorney
Based on the motion of the government, and GOOD CAUSE APPEARING THEREFORE, the Court hereby orders that the information filed against Ambartsum Akopian, on October 31, 2002, be and is hereby dismissed.
IT IS SO ORDERED.
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