Filed: Apr. 06, 2018
Latest Update: Apr. 06, 2018
Summary: GOVERNMENT'S UNOPPOSED MOTION TO DISMISS COUNT FIVE OF THE INDICTMENT AND [PROPOSED] ORDER MIRANDA M. DU , District Judge . United States of America, by and through its attorneys, Dayle Elieson, United States Attorney for the District of Nevada, James E. Keller, Assistant United States Attorney, and Lee Langston, Trial Attorney, United States Department of Justice Tax Division, hereby moves to dismiss Count Five of the Indictment, charging a violation of 26 U.S.C. 7212(a), one of the four
Summary: GOVERNMENT'S UNOPPOSED MOTION TO DISMISS COUNT FIVE OF THE INDICTMENT AND [PROPOSED] ORDER MIRANDA M. DU , District Judge . United States of America, by and through its attorneys, Dayle Elieson, United States Attorney for the District of Nevada, James E. Keller, Assistant United States Attorney, and Lee Langston, Trial Attorney, United States Department of Justice Tax Division, hereby moves to dismiss Count Five of the Indictment, charging a violation of 26 U.S.C. 7212(a), one of the four ..
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GOVERNMENT'S UNOPPOSED MOTION TO DISMISS COUNT FIVE OF THE INDICTMENT AND [PROPOSED] ORDER
MIRANDA M. DU, District Judge.
United States of America, by and through its attorneys, Dayle Elieson, United States Attorney for the District of Nevada, James E. Keller, Assistant United States Attorney, and Lee Langston, Trial Attorney, United States Department of Justice Tax Division, hereby moves to dismiss Count Five of the Indictment, charging a violation of 26 U.S.C. § 7212(a), one of the four counts of which Defendant Delmar Hardy was convicted by a jury at trial in the above-referenced case.
This motion is unopposed and timely in light of the recent Supreme Court decision in Marinello v. United States, 584 U.S. ____ (No. 16-1144) (Mar. 21, 2018).
CONCLUSION
Wherefore, the government respectfully requests that this Court grant this motion to dismiss Count Five of the Indictment, charging a violation of 26 U.S.C. § 7212(a) against defendant Delmar Hardy.
ORDER
Based upon the foregoing unopposed motion of the government, and good cause appearing, IT IS SO ORDERED that Count Five of the Indictment, charging a violation of 26 U.S.C. § 7212(a) against defendant Delmar Hardy, is hereby DISMISSED.
IT IS SO ORDERED.
