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United States v. Franco

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


January 14, 2010

UNITED STATES OF AMERICA, PLAINTIFF,
v.
DECIDERIA FRANCO, DEFENDANT.

The opinion of the court was delivered by: Morrison C. England, Jr. United States District Judge

MOTION TO DISMISS INDICTMENT AND 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 Decideria Franco in Case No. S-08-178 MCE, filed on April 16, 2008. The eight-count indictment charges the defendant with violating 21 U.S.C. §§ 846 and 841(a)(1) -- Conspiracy to Distribute Over 500 Grams of Methamphetamine.

This motion is made in the interest of justice in light of evidence discovered post indictment regarding the defendant's participation in the conspiracy to distribute methamphetamine and her actual involvement in the distribution of the methamphetamine at issue in this case.

The defendant is currently out of custody under the supervision of a Pretrial Services Officer.

DATE: January 13, 2010

BENJAMIN B. WAGNER United States Attorney

MICHAEL M. BECKWITH Assistant U.S. Attorney

ORDER

APPROVED AND SO ORDERED:

20100114

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