USA v. Santiago-Diaz, 3:17-cr-03477-GPC. (2017)
Court: District Court, N.D. California
Number: infdco20171215a24
Visitors: 17
Filed: Dec. 14, 2017
Latest Update: Dec. 14, 2017
Summary: ORDER DENYING WITHOUT PREJUDICE MOTION TO DISMISS [ECF No. 27] GONZALO P. CURIEL , District Judge . Before the Court is the Government's motion to dismiss the indictment. (ECF No. 27.) The Government provides no justification for its motion and merely requests that the indictment in this case be dismissed without prejudice pursuant to Federal Rule of Criminal Procedure 48(a). ( Id. ) However, "[a] limited review by the court is necessary, even where the defendant consents. The purpose of t
Summary: ORDER DENYING WITHOUT PREJUDICE MOTION TO DISMISS [ECF No. 27] GONZALO P. CURIEL , District Judge . Before the Court is the Government's motion to dismiss the indictment. (ECF No. 27.) The Government provides no justification for its motion and merely requests that the indictment in this case be dismissed without prejudice pursuant to Federal Rule of Criminal Procedure 48(a). ( Id. ) However, "[a] limited review by the court is necessary, even where the defendant consents. The purpose of th..
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ORDER DENYING WITHOUT PREJUDICE MOTION TO DISMISS
[ECF No. 27]
GONZALO P. CURIEL, District Judge.
Before the Court is the Government's motion to dismiss the indictment. (ECF No. 27.) The Government provides no justification for its motion and merely requests that the indictment in this case be dismissed without prejudice pursuant to Federal Rule of Criminal Procedure 48(a). (Id.) However, "[a] limited review by the court is necessary, even where the defendant consents. The purpose of this limited review is to protect against prosecutorial impropriety or harassment of the defendant and to assure that the public interest is not disserved." United States v. Olmos-Gonzales, 993 F.Supp.2d 1234, 1235 (S.D. Cal. 2014) (quoting Korematsu v. United States, 584 F.Supp. 1406, 1412 (N.D. Cal.1984)). "To enable courts to carry out this limited review, the government must provide its reasons and factual basis justifying dismissal." Olmos-Gonzales, 993 F. Supp. 2d at 1235. As the Government has not provided sufficient reasons or factual bases for the Court to conduct a review, the motion to dismiss, (ECF No. 27), is DENIED without prejudice. The government may refile its motion with reasons for the dismissal sought.
IT IS SO ORDERED.
Source: Leagle
