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United States v. Anderson

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


August 18, 2010

UNITED STATES OF AMERICA, PLAINTIFF,
v.
MICHAEL LEE ANDERSON,

GOVERNMENT'S MOTION TO DISMISS THE INDICTMENT AS TO DEFENDANT MICHAEL LEE ANDERSON AND [PROPOSED] ORDER

The United States of America, through its attorneys of record, Assistant U.S. Attorney Jill Thomas, hereby moves for an order dismissing the indictment, specifically the only Count in the pending Indictment, against defendant Michael Lee ANDERSON pursuant to Federal Rule of Criminal Procedure 48(a).

Background

On April 10, 2008, a Sacramento federal Grand Jury returned an indictment against defendant Michael Lee ANDERSON for possession of cocaine base with intent to distribute in violation of 21 U.S.C. § 841(a)(1) in Case No. CR-S-08-177 WBS.

Subsequent to the federal indictment, defendant ANDERSON pled guilty to second degree murder. On March 5, 2009, ANDERSON received a 25 year state prison sentence. He is not expected to be released from state custody any time in the next decade.

Based on the above information, the undersigned hereby moves to dismiss with prejudice the only Count in the pending Indictment against Michael Lee ANDERSON in Case No. CR-S-08-177 WBS in the interests of justice pursuant to Rule 48(a).

ORDER

For the reasons set forth in the motion to dismiss filed by the United States, IT IS HEREBY ORDERED that the only Count in the Indictment in Case No. CR-S-08-177 WBS as to defendant Michael Lee ANDERSON is hereby DISMISSED pursuant to Federal Rule of Criminal Procedure 48(a) with prejudice.

20100818

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