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United States v. Pruitt

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


April 24, 2009

UNITED STATES OF AMERICA, PLAINTIFF,
v.
JOHN PHILLIP PRUITT AND DARRYL ANTHONY BERG, DEFENDANT.

ORDER RE: GOVERNMENT'S MOTION TO DISMISS

Pursuant to Rule 48(a) of the Federal Rules of Criminal Procedure, the United States, by and through its undersigned attorneys, moves the Court for an order dismissing the charges against John Phillip Pruitt and Darryl Anthony Berg, as listed in the indictment and superseding indictment in Case Number S-08-103 LKK.

The government bases this motion on evidence and information obtained post-indictment. Despite other problems in the case, until recently, the government believed it could present sufficient evidence to meet its burden at trial. However, the defense recently presented the government with alibi evidence. Based on the results of its preliminary investigation, the government believes it will not be able to disprove the alibi defense beyond a reasonable doubt and prevail at trial.

The government therefore asks the Court to dismiss the charges against defendants Pruitt and Berg.

DATE: April 24, 2009

LAWREENCE G. BROWN Acting United States Attorney

MICHAEL M. BECKWITH Assistant U.S. Attorney

TODD D. LERAS Assistant U.S. Attorney

ORDER

Based on the government's motion, it is hereby ordered that the charges in the indictment and superseding indictment against defendants John Phillip Pruitt and Darryl Anthony Berg in case number 08-103 LKK are dismissed with prejudice.

20090424

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