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United States of America v. Thereon Dean Gutierrez

IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


May 31, 2011

UNITED STATES OF AMERICA,
PLAINTIFF,
v.
THEREON DEAN GUTIERREZ, DEFENDANT.

The opinion of the court was delivered by: Oliver W. Wanger United States District Judge

MOTION TO DISMISS FOR STATE ADJUDICATION; ORDER

It has come to the United States' attention that the conduct charged in this case has been adjudicated in state court. The Defendant pleaded guilty and received a sentence of two years imprisonment. THEREFORE, in light of the state adjudication, the United States, hereby, moves to dismiss without prejudice the Indictment in this case.

DATED: May 28, 2011 Respectfully submitted, BENJAMIN B. WAGNER United States Attorney By: YASIN MOHAMMAD Assistant U.S. Attorney

ORDER

IT IS HEREBY ORDERED THAT given the state's adjudication of the conduct charged in this case and by motion of the United States, the Indictment in this case is DISMISSED without prejudice.

20110531

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