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United States v. Ketmany

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


June 8, 2009

UNITED STATES OF AMERICA, PLAINTIFF,
v.
TONY KETMANY,

GOVERNMENT'S MOTION TO DISMISS THE INDICTMENT AS TO DEFENDANT TONY KETMANY AND ORDER

The United States of America, through its attorneys of record, Assistant U.S. Attorney Jill Thomas, hereby moves for an order dismissing the indictment, specifically Counts One and Two, against defendant Tony KETMANY pursuant to Federal Rule of Criminal Procedure 48(a).

Background

On November 9, 2006, a Sacramento federal Grand Jury returned an indictment against defendant Tony KETMANY along with three others in a case related to a conspiracy to distribute and to possess with intent distribute MDMA and marijuana in violation of 21 U.S.C. § 841(a)(1) and 21 U.S.C. § 846 in Case No. CR-S-06-455 WBS.

In May and June 2009, the government obtained exculpatory information related to the case pending against Tony KETMANY. This resulted in the government's belief that insufficient evidence exists to sustain a conviction concerning defendant Tony KETMANY, who was not detained pretrial.

Based on the above recently obtained exculpatory information, the undersigned hereby moves to dismiss with prejudice Counts One and Two against Tony KETMANY in Case No. CR-S-06-455 WBS in the interests of justice pursuant to Rule 48(a).

ORDER

For the reasons set forth in the motion to dismiss filed by the United States, IT IS HEREBY ORDERED that:

1. Counts One and Two of the Indictment in Case No. CR-S-06-455 WBS as to defendant Tony KETMANY is hereby DISMISSED pursuant to Federal Rule of Criminal Procedure 48(a) with prejudice.

20090608

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