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United States v. Baker

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


February 11, 2010

UNITED STATES OF AMERICA, PLAINTIFF,
v.
ALEX S. BAKER, DEFENDANT.

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

GOVERNMENT'S MOTION TO DISMISS INDICTMENT AS TO DEFENDANT ALEX BAKER; ORDER THEREON

The defendant, Alex S. Baker, was placed on the pretrial diversion program on April 10, 2009 for a period of one year with the possibility of early termination. The undersigned is informed by the Pretrial Services Officer who has been supervising defendant Baker that he has made full restitution and has complied with the conditions set forth in his diversion agreement. That officer recommends in a letter, which is attached hereto as Attachment A, that the defendant be terminated early from the program. The United States agrees.

Therefore, pursuant to Rule 48 of the Federal Rules of Criminal Procedure and an Agreement for Deferred Prosecution between the United States and defendant Baker, the United States hereby moves the Court, for the reasons set forth above and in the interest of justice, for an order dismissing the indictment in this case against defendant Alex S. Baker, and exonerating any bond that may have been posted by defendant Baker or by anyone else on his behalf.

ORDER

In view of the instant motion, and GOOD CAUSE APPEARING THEREFORE, IT IS HEREBY ORDERED that the indictment in the above-captioned action as to defendant ALEX S. BAKER is hereby dismissed and that bond, if any, is hereby exonerated.

20100211

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