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United States of America v. Richard Raymond Klein

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


October 11, 2011

UNITED STATES OF AMERICA,
PLAINTIFF,
v.
RICHARD RAYMOND KLEIN, AND JASON WAYNE DIKES,
DEFENDANTS.

The opinion of the court was delivered by: Carolyn K. Delaney 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 AGAINST DEFENDANT DIKES 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 Jason Wayne DIKES (only) in Case No. 2:11-mj-00314 KJN pursuant to Federal Rule of Criminal Procedure 48(a). The Criminal Complaint against DIKES and his co-defendant was filed on October 7, 2011.

The government brings this motion in the interests of justice because additional investigation of defendant DIKES is needed as a result of evidence developed after the filing of this Criminal Complaint. Specifically, the United States is submitting evidence seized in this case for extensive forensic examination and will evaluate whether to pursue criminal charges against defendant DIKES after that examination is complete. Accordingly, the undersigned respectfully moves to dismiss the Criminal Complaint as to defendant Jason Wayne DIKES in Case No. 2:11-mj-00314 KJN in the interests of justice pursuant to Rule 48(a).

Respectfully Submitted,

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 against Jason Wayne DIKES in Case No. 2:11-mj-00314 KJN is hereby DISMISSED pursuant to Federal Rule of Criminal Procedure 48(a).

20111011

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