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United States of America v. Mario Raymond Espinoza

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


February 15, 2011

UNITED STATES OF AMERICA,
PLAINTIFF,
v.
MARIO RAYMOND ESPINOZA, DEFENDANT.

The opinion of the court was delivered by: John A. Mendez United States District Judge

GOVERNMENT'S MOTION TO DISMISS

Pursuant to Rule 48(a) of the Federal Rules of Criminal Procedure, the United States, by and through its undersigned attorneys, moves the Court for an order dismissing the Indictment against defendant Mario Raymond Espinoza.

Defendant is charged by Indictment in this case with being a felon in possession of a firearm in violation of Title 18, United States Code, Section 922(g)(1). Defendant was arrested on September 8, 2008. He later filed a motion to suppress evidence seized from his residence by Elk Grove Police Department officers on the date of his arrest. The Court granted defendant's motion to suppress evidence in a Memorandum and Order dated October 15, 2009. The Court of Appeals for the Ninth Circuit affirmed the district court's order on November 16, 2010.

In light of the October 15, 2009 Order, the government does not have sufficient evidence to meet its burden to prove the case beyond a reasonable doubt at trial. The government therefore requests that the Court dismiss the Indictment in this case.

BENJAMIN B. WAGNER United States Attorney

By:

WILLIAM WONG Assistant U.S. Attorney

ORDER Based on the government's motion, it is hereby ordered that the Indictment in Case Number 08-448 be dismissed with prejudice.

2/16/2011

20110215

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