IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
October 5, 2010
UNITED STATES OF AMERICA, PLAINTIFF,
JAMES DONALD URQUHART, DEFENDANT.
ORDER RE: GOVERNMENT'S MOTION TO DISMISS
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 in the indictment against James Donald Urquhart.
The government bases this motion on evidence and information obtained post-indictment. Based on the results of investigation of information provided by defense counsel and follow-up investigation by government agents, the government believes that it would not be able to sustain its burden of proof beyond a reasonable doubt against Urquhart if this matter proceeded to trial.
The government therefore requests that the Court grant its motion to dismiss the charge against James Donald Urquhart.
BENJAMIN B. WAGNER United States Attorney
WILLIAM S. WONG Assistant U.S. Attorney
Based on the government's motion, it is hereby ordered that the charge in the indictment against defendant James Donald Urquhart is dismissed without prejudice.
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