GOVERNMENT'S MOTION TO DISMISS COUNT THREE OF THE SUPERSEDING INDICTMENT AGAINST DEFENDANT TIEN LE AND [PROPOSED] ORDER

WILLIAM B. SHUBB, District Judge.

The United States of America, by and through its attorneys of record, Assistant United States Attorneys Jason Hitt and Jill M. Thomas, hereby moves for an order dismissing Count Three (only) of the Superseding Indictment against defendant Tien LE pursuant to Federal Rule of Criminal Procedure 48(a). This motion is made in the interests of justice because the government has developed evidence suggesting certain elements of that crime cannot be proven beyond a reasonable doubt. This information has been provided to defense counsel in the form of pretrial disclosure of a recent interview with government witness Tony LE. In that interview, Mr. Tony LE indicates that defendant Tien LE may not have been aware of all aspects of the criminal conduct that is the subject of Count Three in the Superseding Indictment.

For these reasons, the undersigned respectfully requests that the Court enter an Order dismissing Count Three (only) of the Superseding Indictment against defendant Tien LE in Case No. 2:08-cr-0449 WBS in the interests of justice pursuant to Rule 48(a). The United States intends to proceed to trial on Counts One and Two of the Superseding Indictment.

ORDER

For the reasons set forth in the motion to dismiss filed by the United States, IT IS HEREBY ORDERED that:

Count Three of the Superseding Indictment against defendant Tien LE in Case No. 2:08-cr-0449 WBS is hereby DISMISSED pursuant to Federal Rule of Criminal Procedure 48(a).