UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA
February 26, 2013
UNITED STATES OF AMERICA,
STIPULATION FOR DISMISSAL; ORDER Fed. R. Crim. Proc. 48(a)
IT IS HEREBY STIPULATED by and between the parties hereto, through their respective attorneys of record that pursuant to Rule 48 of the Federal Rules of Criminal Procedure, and by leave of the Court endorsed hereon, the government requests dismissal with prejudice of Count 4 of the Criminal Complaint; a violation of 36 CFR 2.34(a)(3)- Disorderly Conduct - Unreasonable Noise.
On July 18, 2012, the parties submitted a Stipulation to Waive Appeal Rights in Exchange for Dismissal of Count 4 to Magistrate Judge Seng. Docket Number 30. Judge Seng denied the order without explanation. Docket Number 31. A request for dismissal may be made after conviction and sentence. United States v. Weber, 721 F.2d 266, 269 (9th Cir. 1983). Further, when the defendant consents to a request for a dismissal, the request should be granted unless the dismissal is "clearly contrary to manifest public interest." Id. at 268.
Respectfully submitted, BENJAMIN B. WAGNER United States Attorney Dated: February 25, 2013 By: /s/ Ian P. Whitney IAN P. WHITNEY Assistant U.S. Attorney Dated: February 25, 2013 By: /s/ Katherine Hart KATHERINE HART Attorney for Defendant MICHELLE MAZZETTI
IT IS HEREBY ORDERED that Count 4 of the Criminal Complaint; a violation of 36 CFR 2.34(a)(3) - Disorderly Conduct - Unreasonable Noise, against Michelle Mazzetti, be dismissed, with prejudice, in the interest of justice. The conviction entered on May 17, 2012 and sentence passed on August 9, 2012 are hereby vacated.
This order terminates this matter.
IT IS SO ORDERED.
SENIOR DISTRICT JUDGE
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