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United States v. Lopez

United States District Court, E.D. California

June 30, 2017

UNITED STATES OF AMERICA, Plaintiff,
v.
CLEMENTE LOPEZ, Defendant. UNITED STATES OF AMERICA, Plaintiff,
v.
CLEMENTE LOPEZ, Defendant.

          PHILLIP A. TALBERT United States Attorney

          JAMES R. CONOLLY United States Attorney

          MORRISON C. ENGLAND Jr.UNITED STATES DISTRlCT JUDGE

         The United States of America, through its undersigned counsel, Assistant United States Attorney James R. Conolly, hereby gives notice that the above-captioned matters may be related cases within the meaning of Local Rule 123

         A. Statement of Facts

         On or about May 5, 2016, a grand jury in the Northern District of Illinois returned an indictment in Case No. 1:16-CR -111, charging the defendant, Clemente Lopez, with three firearms offenses, under 18 U.S.C. § 922 et seq., and one immigration offense, under 8 U.S.C. § 1326 (the "NDIL case"). The defendant left the Northern District of Illinois before appearing in that case.

         On or about July 14, 2017, the defendant was arrested in the Eastern District of California for cultivating marijuana on federal forestland. On August 4, 2016, a grand jury in the Eastern District of California returned an indictment charging the defendant with conspiring to manufacture at least 50 marijuana plants and manufacturing at least 50 marijuana plants, in violation of 21 U.S.C. §§ 841(a)(1) and 846. This case is currently pending before the Honorable Morrison C. England, Jr, assigned Case No. 2:16-CR-00148-MCE.

         On June 23, 2017, the U.S. Attorney's Office for the Northern District of Illinois filed a Consent to Transfer Case for Plea and Sentence, pursuant to Federal Rule of Criminal Procedure 20, in the NDIL case, with the consent of the defendant and the U.S. Attorney's Office for the Eastern District of California. The NDIL case has now been transferred to the U.S. District Court for the Eastern District of California and assigned to the Honorable John A. Mendez, Case No. 2:17-CR-l 10-JAM.

         B. Analysis

         Under Local Rule 123(a), cases may be related if the Court finds:

(1) that the actions involve the same parties and are based on the same or similar claims;
(2) that the actions involve the same property, transaction or event;
(3) that the actions involve similar questions of fact and the same question of law and their assignment to the same Judge.. .is likely to effect a substantial savings of judicial effort, either because the same result should follow in the actions or otherwise; or
(4) for any other reasons, it would entail substantial duplication of labor if the action were heard by ...

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