IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
December 13, 2012
UNITED STATES OF AMERICA,
GOVERNMENT'S MOTION TO DISMISS THE INDICTMENT AGAINST DEFENDANT ANGELA SUMMERFIELD AND ORDER [FED. R. CRIM. P. 48(a)]
The United States of America, by and through its attorneys of record, Assistant United States Attorneys Jason Hitt and Todd Leras, hereby moves for an order dismissing the Indictment against defendant Angela SUMMERFIELD pursuant to Federal Rule of Criminal Procedure 48(a). This motion is made in the interests of justice based upon the following:
1. On August 8, 2012, the United States and defendant Angela SUMMERFIELD, by and through her counsel, Kathryn Druliner, entered into a Deferred Prosecution Agreement. Under the Agreement, the United States agreed to defer prosecution for a period of up to six months. If the defendant was successful under the Agreement, the United States agreed to dismiss the Indictment against her. The Court was advised of the Agreement and set a further status conference date of February 13, 2013 at 9:00 a.m.
2. On December 7, 2012, Pretrial Services Officer Daryl Walker provided a written recommendation that the Pretrial Diversion Agreement be terminated early (that is, short of the six month term set forth in the Agreement). Officer Walker's recommendation is based upon the defendant's successful supervision since October of 2006. Officer Walker notes that the defendant has always complied with Pretrial conditions and regularly reported to Pretrial Services when directed to do so. Officer Walker concludes that Pretrial Services is recommending that Ms. SUMMERFILED be terminated from the Pretrial diversion program successfully.
3. The United States has carefully considered Officer Walker's recommendation and is in full agreement with his recommendation. In addition, early termination is consistent with the spirit and terms of the Pretrial Diversion Agreement entered into by the parties.
For these reasons, the undersigned respectfully requests that the Court enter an Order dismissing the pending Indictment against defendant Angela SUMMERFIELD in Case No. 2:06-cr-0428 KJM in the interests of justice pursuant to Rule 48(a).
Respectfully Submitted, BENJAMIN B. WAGNER United States Attorney DATED: December 13, 2012 By:/s/Jason Hitt JASON HITT Assistant U.S. Attorney
For the reasons set forth in the motion to dismiss filed by the United States, IT IS HEREBY ORDERED that:
The Indictment against defendant Angela SUMMERFIELD in Case No. 2:06-cr-0428 KJM is hereby DISMISSED pursuant to Federal Rule of Criminal Procedure 48(a).
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