IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
June 14, 2012
UNITED STATES OF AMERICA,
The opinion of the court was delivered by: Garland E. Burrell, Jr. United States District Judge
MOTION TO DISMISS INDICTMENT
The United States, by and through undersigned counsel, hereby moves the Court to dismiss the indictment for the following reasons:
1. On November 28, 2011, the Court signed a deferred prosecution agreement in this case.
2. On June 11, 2012, The Pretrial Services Office notified the office of the United States Attorney that the defendant had "complied with the terms of his pretrial diversion," had "tested negative for illicit substances, attended outpatient substance abuse counseling as directed, and ha[d] provided documentation of his efforts to secure verifiable employment." The Pretrial Services Office "recommends the diversion be terminated as successful, and any outstanding charges against Mr. Liebman be dismissed."
3. Undersigned counsel has conferred with defense counsel, and the defense does not object to the dismissal of the indictment.
4. Accordingly, the United States moves the Court to dismiss the indictment against the defendant in this matter.
BENJAMIN B. WAGNER United States Attorney DATED: June 14, 2012 /s/ Matthew G. Morris By: MATTHEW G. MORRIS Assistant U.S. Attorney
IT IS SO ORDERED.
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