IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
September 20, 2011
UNITED STATES OF AMERICA,
The opinion of the court was delivered by: Gregory G. Hollows United States Magistrate Judge
BENJAMIN B. WAGNER United States Attorney JASON HITT Assistant U.S. Attorney 501 I Street, Suite 10-100 Sacramento, California 95814 Telephone: (916) 554-2751
GOVERNMENT'S MOTION TO DISMISS THE CRIMINAL COMPLAINT AND ORDER
The United States of America, through its attorney of record, Assistant U.S. Attorney Jason Hitt, hereby moves for an order dismissing the Criminal Complaint against defendant Anthony SMERNES pursuant to Federal Rule of Criminal Procedure 48(a). The Criminal Complaint against SMERNES was filed on January 26, 2009.
Based upon the government's ongoing investigation in this case and the result of extensive negotiation between the parties, the undersigned hereby moves to dismiss the Criminal Complaint in Case No. 2:09-mj-00028 GGH in the interests of justice pursuant to Rule 48(a). The parties anticipate that SMERNES will later enter a guilty plea after a negotiated plea agreement is finalized.
For the reasons set forth in the motion to dismiss the Criminal Complaint filed by the United States, IT IS HEREBY ORDERED that:
1. The Criminal Complaint in Case No. 2:09-mj-00028 GGH is hereby DISMISSED pursuant to Federal Rule of Criminal Procedure 48(a).
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