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United States of America v. Anthony Smernes

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


September 20, 2011

UNITED STATES OF AMERICA,
PLAINTIFF,
v.
ANTHONY SMERNES,

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.

ORDER

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).

20110920

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