IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
September 21, 2009
UNITED STATES OF AMERICA, PLAINTIFF,
ERIK CARDENAS ONLY AND MARIA DEL ROCIO ARCEO-RANGEL, ET AL., DEFENDANTS.
The opinion of the court was delivered by: Gregory G. Hollows United States Magistrate Judge
Court: Hon. Gregory G. Hollows
PLAINTIFF UNITED STATES OF AMERICA'S EX PARTE MOTION COMPLAINT AGAINST DEFENDANT TO DISMISS CRIMINAL ORDER THEREON
Plaintiff United States of America hereby moves ex parte to dismiss the Criminal Complaint issued by this Court on September 12, 2008, against defendant Erik Cardenas only. The United States makes this motion in the exercise of its prosecutorial discretion in light of: (1) its anticipated referral of the prosecution of Erik Cardenas to the Washoe County, Nevada, District Attorney for prosecution on Nevada state criminal charges; and (2) its referral of Erik Cardenas, a suspected illegal alien, to the United States Immigration and Customs Enforcement for immigration violations proceedings.
The Court having received, read, and considered the United States of America's ex parte motion to dismiss the Criminal Complaint against defendant Erik Cardenas only, and good cause appearing therefrom,
It is hereby ordered that the United States' motion is GRANTED and the Criminal Complaint against defendant Erik Cardenas is dismissed.
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