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United States v. Song

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


September 16, 2010

UNITED STATES OF AMERICA, PLAINTIFF,
v.
DONG SONG, DEFENDANT.

The opinion of the court was delivered by: Garland E. Burrell, Jr. United States District Judge

MOTION TO DISMISS INDICTMENT AND [PROPOSED] ORDER

Pursuant to Rule 48 of the Federal Rules of Criminal Procedure, Plaintiff, United States of America, by and through its undersigned attorney, asks the Court for an order dismissing the indictment against Dong Song in Case No. S-08-543 GEB.

The two-count indictment in that case charged the defendant with violating Title 21, Untied States Code, Sections 846 and 841(a)(1) -- Conspiracy to Manufacture Over 1000 Plants of Marijuana Plants, and Manufacturing Over 100 Plants of Marijuana.

On June 11, 2010, Dong Song pleaded guilty to a superseding information charging a violation of Title 18, United States Code, Section 4 -- Misprision of a Felony. The defendant was recently sentenced for the crime charged in the superseding information.

At the sentencing hearing, the government forgot to dismiss the underlying indictment. As such, pursuant to the parties agreement, the government now asks the Court to dismiss that indictment.

DATE: September 16, 2010

ORDER

APPROVED AND SO ORDERED:

20100916

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