United States v. Valencia-Revuelta

The opinion of the court was delivered by: Edward J. Garcia United States District Judge

MOTION TO DISMISS INDICTMENT AND ORDER

Pursuant to Rule 48 of the Federal Rules of Criminal Procedure, the United States of America, by and through its undersigned attorney, moves this Court for an order dismissing the indictment against Hector Valencia-Revuelta in Case No. S-09-381 EJG. The indictment in this case was filed on September 3, 2009. The two-count indictment charged the defendant with violating 21 U.S.C. §§ 846 and 841(a)(1) -- Conspiracy to Distribute Over 500 Grams of Methamphetamine, and Possession with Intent to Distribute Methamphetamine. The government asks that the indictment be dismissed without prejudice.

This motion is made in the interest of justice in light of evidence discovered post indictment regarding the defendant's participation in the conspiracy to distribute methamphetamine and his involvement in the actual distribution of the methamphetamine at issue in this case. On October 7, 2010, the defendant entered a guilty plea to a misdemeanor violation of 8 U.S.C. § 1325 -- Illegal Entry into the United States by an Alien. He was sentenced that day to six months of imprisonment and given credit for time served.

The defendant is being detained as a result of the charges in the pending indictment. He is also being detained as a result of a federal immigration hold. If these charges are dismissed, the defendant will still be subject to the immigration hold.

DATE: October 8, 2010

BENJAMIN B. WAGNER United States Attorney MICHAEL M. BECKWITH Assistant U.S. Attorney

ORDER

APPROVED AND SO ORDERED.

20101013