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United States of America v. Juan Madrigal Rizo

March 22, 2011

UNITED STATES OF AMERICA,
PLAINTIFF,
v.
JUAN MADRIGAL RIZO, DEFENDANT.



The opinion of the court was delivered by: Garland E. Burrell, Jr. United States District Judge

MOTION TO DISMISS INDICTMENT AND [PROPOSED] ORDER

Pursuant to Rule 48 of the Federal Rules of Criminal Procedure, Plaintiff, United States of America, by and through its undersigned attorney, moves this Court for an order dismissing the indictment against Juan Madrigal Rizo in Case No. S-08-392 GEB. The indictment in this case was filed on August 28, 2008. The indictment charged the defendant with violating 21 U.S.C. §§ 846 and 841(a)(1) -- Conspiracy to Distribute and Possess with Intent to Distribute Over 500 Grams of 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.

The defendant is currently out of custody.

DATED: March 11, 2011 BENJAMIN B. WAGNER United States Attorney By: /s/ Michael M. Beckwith MICHAEL M. BECKWITH Assistant U.S. Attorney

ORDER

APPROVED AND SO ORDERED:

20110322

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