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United States v. Vargas

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


August 14, 2009

UNITED STATES OF AMERICA, PLAINTIFF,
v.
JASMINE VARGAS, DEFENDANT.

GOVERNMENT'S MOTION TO DISMISS THE INDICTMENT AS TO DEFENDANT JASMINE VARGAS 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 Jasmine VARGAS pursuant to Federal Rule of Criminal Procedure 48(a).

Background On September 11, 2008, a Sacramento federal Grand Jury returned an indictment against defendant Jasmine VARGAS along with three other defendants in a case related to conspiracy to possess with intent to distribute and to distribute methamphetamine and possession with intent to distribute methamphetamine in violation of 21 U.S.C. §§ 841(a)(1) and 846.

On August 7, 2009, the government obtained exculpatory information related to the case pending against Jasmine VARGAS. This resulted in the government's belief that insufficient evidence exists to sustain a conviction concerning defendant Jasmine VARGAS, who was not detained pretrial. Counsel for defendants Maria RAMIREZ, Jose Miguel GARCIA and Manuel TORRES and the defendants themselves have no objection to this motion to dismiss.

Based on the above recently obtained exculpatory information, the undersigned hereby moves to dismiss with prejudice Counts One and Two against Jasmine VARGAS in Case No. CR-S-08-414 LKK in the interests of justice pursuant to Rule 48(a).

DATED: August 14, 2009

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-08-414 LKK as to defendant Jasmine VARGAS is hereby DISMISSED pursuant to Federal Rule of Criminal Procedure 48(a) with prejudice.

20090814

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