IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
June 11, 2009
UNITED STATES OF AMERICA, PLAINTIFF,
KEOUDONE NOY PHAOUTHOUM, ET AL., DEFENDANTS.
The opinion of the court was delivered by: Garland E. Burrell, Jr. United States District Judge
MOTION TO DISMISS INDICTMENT AND [PROPOSED] ORDER
Pursuant to Rule 48 of the Federal Rules of Criminal Procedure, Plaintiff, United States of America, by and through its undersigned attorney, moves this Court for an order dismissing the indictment against KHAMSOU SIDA in Case No. S-08-390-GEB filed on August 8, 2008.
The three-count indictment charges the defendant with violating 21 U.S.C. §§ 846 and 841(a)(1) -- Conspiracy to Distribute and Possess with Intent to Distribute MDMA; and violating 21 U.S.C. § 841(a)(1) - Possession with Intent to Distribute MDMA.
This motion is made in the interest of justice in light of evidence discovered post indictment regarding the defendant's participation in the conspiracy and possession charges.
The defendant is currently in Federal custody at the Sacramento County Main Jail.
DATED: June 10, 2009
LAWRENCE G. BROWN United States Attorney
MICHAEL M. BECKWITH Assistant U.S. Attorney
APPROVED AND SO ORDERED.
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