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United States v. Rochin

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


September 21, 2010

UNITED STATES OF AMERICA PLAINTIFF,
v.
ROCHIN, AKA JUAN JOSE PADILLA, GUADALUPE ALBERTO VELARDE DEFENDANT.

ORDER RE: GOVERNMENT'S MOTION TO DISMISS AS TO DEFENDANT VELARDE ROCHIN

Pursuant to Rule 48(a) of the Federal Rules of Criminal Procedure, the United States moves the Court for an order dismissing without prejudice the charges against Guadalupe Alberto Velarde Rochin (also known as Juan Jose Padilla) in the indictment and superseding indictment.

The government bases this motion on evidence and information obtained post-indictment. Based on the results of investigation of information provided by defense counsel, the government believes that it would not be able to sustain its burden of proof beyond a reasonable doubt against Velarde Rochin if this matter proceeded to Government's Motion to Dismiss trial.

The government therefore requests that the Court grant its motion to dismiss charges against Velarde Rochin.

Respectfully submitted, BENJAMIN B. WAGNER United States Attorney

DATED: September 20, 2010

TODD D. LERAS Assistant U.S. Attorney

ORDER

Based on the government's motion, it is hereby ordered that the charges in the indictment and superseding indictment against defendant Guadalupe Alberto Velarde Rochin (also known as Juan Jose Padilla) are dismissed without prejudice.

20100921

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