The opinion of the court was delivered by: Honorable John A. Mendez United States District Judge
The United States of America, through its attorneys of record, Assistant U.S. Attorney Jill Thomas, hereby moves for an order dismissing, without prejudice, the indictment against defendant Robert CLINE pursuant to Federal Rule of Criminal Procedure 48(a).
GOVERNMENT'S MOTION TO DISMISS THE INDICTMENT AS TO DEFENDANT ROBERT ) CLINE
On February 18, 2011, the district court suppressed evidence, which was dispositive to the government's prosecution of Mr. Cline. Thus, there is insufficient evidence to sustain a conviction against defendant Robert CLINE. Mr. Cline was released from custody pending the government's decision to appeal the district court's ruling.
Accordingly, the government moves to dismiss the indictment in the above-entitled case.
Respectfully Submitted, BENJAMIN B. WAGNER United States Attorney DATED: April 15, 2011 By:/s/ Jill Thomas 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
UNITED STATES OF AMERICA, Plaintiff, v. ROBERT CLINE, Defendant.
ORDER DISMISSING THE INDICTMENT AS TO DEFENDANT
For the reasons set forth in the motion to dismiss filed by the United States, IT IS HEREBY ORDERED that:
The indictment in Case No. CR-S-10-340 JAM as to defendant Robert CLINE is hereby DISMISSED without prejudice pursuant to Federal ...