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United States v. Chavez

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


September 3, 2010

UNITED STATES OF AMERICA, PLAINTIFF,
v.
MOISES DELTORO CHAVEZ, DEFENDANT.

The opinion of the court was delivered by: Gregory G. Hollows United States Magistrate Judge

ORDER IN SUPPORT OF GOVERNMENT'S MOTION TO DISMISS

Plaintiff United States of America, by and through United States Attorney Benjamin B. Wagner and Assistant United States Attorney Todd D. Leras, requests that the Court grant the government's motion to dismiss without prejudice the charges in the criminal complaint against defendant Moises Deltoro Chavez.

The motion to dismiss is made pursuant to Rule 48(a) of the Federal Rules of Criminal Procedure. Information obtained following issuance of the criminal complaint and an arrest warrant for Moises Deltoro Chavez reveals that a misidentification has occurred. Drug Enforcement Special Agent Richard J. Britt has prepared and executed an Affidavit this afternoon indicating that Israel Deltoro-Loza (aka Moises Deltoro) is the correct identity of the person initially named in the criminal complaint as Moises Deltoro Chavez.

IT IS HEREBY ORDERED: The government's motion to dismiss without prejudice charges in the criminal complaint against Defendant Moises Deltoro Chavez is granted.

IT IS SO ORDERED

20100903

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