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United States of America v. Anthony Young

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


May 3, 2012

UNITED STATES OF AMERICA,
PLAINTIFF,
v.
ANTHONY YOUNG, DEFENDANT.

The opinion of the court was delivered by: Kendall J. Newman United States Magistrate Judge

GOVERNMENT'S MOTION TO DISMISS THE CRIMINAL COMPLAINT AGAINST DEFENDANT ANTHONY YOUNG 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 YOUNG (only) in Case No. 2:12-mj-0102 GGH pursuant to Federal Rule of Criminal Procedure 48(a). The Criminal Complaint against Anthony YOUNG and his co-defendants was filed on April 16, 2012.

The government brings this motion in the interests of justice because additional investigation of defendant YOUNG is needed as a result of evidence developed after the filing of this Criminal Complaint. Specifically, the United States is submitting phones seized in this case for forensic examination and will evaluate whether to pursue criminal charges against defendant YOUNG after that examination and additional investigation is complete. Accordingly, the undersigned respectfully moves to dismiss the Criminal Complaint as to defendant Anthony YOUNG in Case No. 2:12-mj-0102 GGH in the interests of justice pursuant to Rule 48(a). The United States further requests that the Court issue an order for YOUNG's immediate release from custody.

Respectfully Submitted, BENJAMIN B. WAGNER United States Attorney DATED: May 3, 2012 By:/s/Jason Hitt JASON HITT Assistant U.S. Attorney

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 Anthony YOUNG in Case No. 2:12-mj-0102 GGH is hereby DISMISSED pursuant to Federal Rule of Criminal Procedure 48(a).

2. Anthony YOUNG is ordered released forthwith from the custody of the United States Marshals Service.

20120503

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