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United States of America v. Manuel Perez

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


January 5, 2011

UNITED STATES OF AMERICA,
PLAINTIFF,
v.
MANUEL PEREZ, DEFENDANTS.

The opinion of the court was delivered by: Morrison C. England, Jr. 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 Manuel Perez in Case No. S-10-455 MCE. The indictment in this case was filed on October 21, 2010. 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 dismisses 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.

The defendant is currently being detained as a result of the charges in the pending indictment.

DATE: December 27, 2010

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

By: ORDER APPROVED AND SO ORDERED.

20110105

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