Filed: Oct. 17, 2018
Latest Update: Oct. 17, 2018
Summary: MOTION TO DISMISS; ORDER JEREMY D. PETERSON , Magistrate Judge . Defendant Amber Christine Ocernon Lucas hereby files this motion to dismiss pursuant to 18 U.S.C. 3607(a). The Government does not oppose this request. On June 1, 2017, Ms. Lucas pleaded guilty to presence in the park when under the influence of alcohol or a controlled substance in violation of 36 C.F.R. 2.35(c). Pursuant to the agreement of the parties, the Court granted Ms. Lucas a deferred entry of judgment under 18 U.
Summary: MOTION TO DISMISS; ORDER JEREMY D. PETERSON , Magistrate Judge . Defendant Amber Christine Ocernon Lucas hereby files this motion to dismiss pursuant to 18 U.S.C. 3607(a). The Government does not oppose this request. On June 1, 2017, Ms. Lucas pleaded guilty to presence in the park when under the influence of alcohol or a controlled substance in violation of 36 C.F.R. 2.35(c). Pursuant to the agreement of the parties, the Court granted Ms. Lucas a deferred entry of judgment under 18 U.S..
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MOTION TO DISMISS; ORDER
JEREMY D. PETERSON, Magistrate Judge.
Defendant Amber Christine Ocernon Lucas hereby files this motion to dismiss pursuant to 18 U.S.C. § 3607(a). The Government does not oppose this request.
On June 1, 2017, Ms. Lucas pleaded guilty to presence in the park when under the influence of alcohol or a controlled substance in violation of 36 C.F.R. § 2.35(c). Pursuant to the agreement of the parties, the Court granted Ms. Lucas a deferred entry of judgment under 18 U.S.C. § 3607(a). On May 9, 2018, the Court vacated Ms. Lucas's review hearing because she had fully complied with the terms of her probation. Ms. Lucas's probation expired on June 1, 2018.
Under 18 U.S.C. § 3607(a), "[a]t the expiration of the term of probation, if the person has not violated a condition of his probation, the court shall, without entering a judgment of conviction, dismiss the proceedings against the person and discharge him from probation." 18 U.S.C. § 3607(a). Here, Ms. Lucas's term of probation has expired, and she did not violate any condition of her probation. Accordingly, Ms. Lucas requests that the Court, without entering a judgment of conviction, dismiss the proceedings.
ORDER
Pursuant to 18 U.S.C. § 3607(a), the court hereby dismisses the proceedings against Ms. Lucas in United States v. Lucas, Case No. 6:16-mj-00095.
IT IS SO ORDERED.
