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United States v. Thao

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


July 8, 2009

UNITED STATES OF AMERICA, PLAINTIFF,
v.
TOULU THAO, DEFENDANT.

The opinion of the court was delivered by: Lawrence J. O'Neill United States District Judge

MOTION TO DISMISS INDICTMENT UNDER TERMS OF DEFERRED PROSECUTION AGREEMENT

The court approved on July 3, 2008, a deferred prosecution agreement entered into by the parties. In that document, the defendant expressed a willingness to "acknowledge responsibility for his actions and to demonstrate his future good conduct." Docket Item 75-2, at 2, para. 2. The defendant was obligated to perform 200 hours of community service and to comply with all federal, state, and local laws.

The government has received information that the defendant completed the required 200 hours of community service, and the government has no information regarding any arrest by the defendant for any federal, state, or local criminal law violations since July 3, 2008. Thus, the government moves the court to dismiss the indictment in this case. Defense counsel has stated he has no opposition to this motion.

The status conference scheduled for September 4, 2009, can be vacated.

Dated: July 8, 2009

Respectfully submitted,

LAWERENCE G. BROWN Acting United States Attorney

DAVID L. GAPPA KIRK E. SHERRIFF Assistant U.S. Attorney Attorneys for plaintiff United States of America

ORDER

The court has reviewed and considered the motion to dismiss the indictment filed on July 8, 2009. The motion is granted.

IT IS SO ORDERED.

20090708

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