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United States v. Towns

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


March 9, 2010

UNITED STATES OF AMERICA, PLAINTIFF,
v.
KEITH THAYER TOWNS, DEFENDANT.

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

GOVERNMENT'S MOTION TO DISMISS FELONY CHARGES; ORDER

Background

On October 30, 2009, the defendant pled guilty before Magistrate Judge Kimberly J. Mueller to Count 17 of the indictment, charging him with a misdemeanor violation of 31 U.S.C. § 333, misuse of a Department of Treasury Name (specifically, holding himself out as an Enrolled Agent when he was not). On February 25, 2010, Judge Mueller imposed a sentence of 3 years probation, a $4,000 fine, and a $25 special assessment, plus conditions of probation. The written plea agreement provides that after sentencing, the government will move to dismiss all the felony charges against the defendant in the pending indictment, without prejudice to their refiling in the unlikely conditions set forth therein.

Motion

The government moves to dismiss, without prejudice to their refiling under the conditions set forth in the plea agreement, Counts 1 through 16, which constitute all felony charges against the defendant in the Indictment in this case.

Further, the government requests that the Court vacate the status conference scheduled on the felony charges for March 4, 2010, at 9:00 a.m.

DATED: March 1, 2010 BENJAMIN B. WAGNER United States Attorney Samantha S. Spangler Assistant U.S. Attorney

Order

Good cause having been shown, the Court hereby orders that Counts 1 through 16 against the defendant in the Indictment in this case are DISMISSED without prejudice.

The Court further orders that the status conference scheduled for March 4, 2010, is hereby VACATED.

IT IS SO ORDERED.

20100309

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