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United States of America v. Valerie White

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


March 25, 2011

UNITED STATES OF AMERICA,
PLAINTIFF,
v.
VALERIE WHITE,
DEFENDANT.

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

GOVERNMENT'S MOTION TO DISMISS THE SUPERSEDING INDICTMENT AS TO DEFENDANT VALERIE WHITE

The United States of America, through its attorneys of record, Assistant U.S. Attorney Jill Thomas, hereby moves for an order dismissing the superseding indictment, specifically Counts Two, Three, Four, Eighteen, and Nineteen through Twenty-Two, against defendant Valerie WHITE pursuant to Federal Rule of Criminal Procedure 48(a).

Background On May 28, 2008, a Sacramento federal Grand Jury returned an superseding indictment against defendant Valerie WHITE along with other defendants in a case related to conspiracy to possess with intent to distribute and to distribute controlled substances in violation of 21 U.S.C. §§ 841(a)(1) and 846 and money laundering in violation of 18 U.S.C. § 1956.

During the subsequent investigation since the superseding indictment, the government obtained potentially exculpatory information related to the case pending against Valerie WHITE. This resulted in the government's belief that insufficient evidence exists to sustain a conviction concerning defendant Valerie WHITE, who was not detained pretrial.

Based on the above, the undersigned hereby moves to dismiss with prejudice Counts Two, Three, Four, Eighteen, Nineteen through Twenty-Two, against defendant Valerie WHITE in Case No. CR-S-06-441 GEB in the interests of justice pursuant to Rule 48(a).

Respectfully Submitted, BENJAMIN B. WAGNER United States Attorney DATED: March 25, 2011 By: JILL M. THOMAS Assistant U.S. Attorney BENJAMIN B. WAGNER United States Attorney JILL M. THOMAS Assistant U.S. Attorney 501 I Street, Suite 10-100 Sacramento, California 95814 Telephone: (916) 554-2781

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

Case No. CR-S-06-441 GEB

UNITED STATES OF AMERICA, Plaintiff, v. VALERIE WHITE, Defendant.

ORDER DISMISSING THE SUPERSEDING INDICTMENT AGAINST DEFENDANT VALERIE WHITE

ORDER

For the reasons set forth in the motion to dismiss filed by the United States, IT IS HEREBY ORDERED that:

1. Counts Two, Three, Four, Eighteen, and Nineteen through Twenty-Two, in Case No. CR-S-06-441 GEB, as to defendant Valerie WHITE is hereby DISMISSED pursuant to Federal Rule of Criminal Procedure 48(a) with prejudice.

20110325

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