IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
June 2, 2009
UNITED STATES OF AMERICA, PLAINTIFF,
JEMMA TOVMASSIAN, DEFENDANT.
The opinion of the court was delivered by: Hon. John A. Mendez United States District Judge
MOTION TO DISMISS INDICTMENT AND ARREST WARRANT FILED AGAINST DEFENDANT JEMMA TOVMASSIAN AND ORDER
Plaintiff United States of America, by and through its undersigned counsel, and pursuant to Fed. R. Crim. P. 48, moves to dismiss the indictment and arrest warrant in the above-captioned action filed on July 18, 2001. Since filing the indictment, the government has not been able to locate the defendant and has come to believe that she fled the United States. In the meantime, the government no longer has significant evidence and the potential to secure witness testimony necessary for prosecution. Accordingly, the government is not able to proceed with the prosecution and submits this motion to dismiss the indictment and arrest warrant filed against the defendant.
DATED: June 2, 2009
LAWRENCE G. BROWN Acting United States Attorney JOHN K. VINCENT Assistant U.S. Attorney
Based on the motion of the government, and GOOD CAUSE APPEARING THEREFORE, the Court hereby orders that the indictment and arrest warrant filed against defendant Jemma Tovmassian on July 18, 2001, be and are hereby dismissed.
IT IS SO ORDERED.
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