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United States v. Aguayo-Briseno

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


July 30, 2010

UNITED STATES OF AMERICA, PLAINTIFF,
v.
ROBERTO AGUAYO-BRISENO, DEFENDANT.

The opinion of the court was delivered by: Edward J. Garcia Senior, U.S. District Judge

MOTION TO DISMISS INDICTMENT AS TO DEFENDANT ROBERTO AGUAYO-BRISENO; ORDER

The United States hereby moves to dismiss the Indictment in this case against defendant Roberto Aguayo-Briseno only. This defendant was one of ten persons named in the Indictment in this case. He has been a fugitive since the case was indicted in 2003, is believed to be in Mexico (specific place unknown), and the government has no plan to extradite him. Thus, it makes no sense to keep the case open and the arrest warrant(s) outstanding. The motion is made pursuant to Rule 48(a), F.R.Crim.P. It is also requested that any outstanding arrest warrant based on this Indictment or the Complaint underlying the Indictment be withdrawn.

Dated: July 29, 2010

RICHARD J. BENDER Assistant U.S. Attorney (Motion to Dismiss Indictment as to Defendant Roberto Aguayo-Briseno - by USA)

IT IS SO ORDERED, this 30th day of July, 2010.

20100730

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