IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
November 2, 2009
UNITED STATES OF AMERICA, PLAINTIFF,
MARTIN MAGANA RAMOS, DEFENDANT.
The opinion of the court was delivered by: Garland E. Burrell, Jr. United States District Judge
GOVERNMENT MOTION TO DISMISS AND VACATE TRIAL DATE
On October 30, 2009, the defendant pleaded guilty before Honorable Kimberly J. Mueller to the single count of the superseding information, charging him with Avoidance of Examination by Immigration Officers, in violation of 8 U.S.C. § 1325(a)(2). As part of the plea agreement, the government agreed to move to dismiss all counts of the indictment as to the defendant.
Therefore, the government moves that, (1) pursuant to Rule 48(a) of the Federal Rules of Criminal Procedure, the Court to file an order dismissing the indictment as to the defendant Martin Magana Ramos; and (2) the court vacate the jury trial date of November 3, 2009 as to the defendant Martin Magana Ramos.
The undersigned has informed defense counsel of this motion and defense counsel does not object.
Dated: October 30, 2009
APPROVED AND SO ORDERED:
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