GOVERNMENT'S MOTION TO DISMISS SUPERSEDING INDICTMENT WITH PREJUDICE

GLORIA M. NAVARRO, Chief District Judge.

CERTIFICATION: This Motion is timely filed.

The United States, by and through the undersigned, respectfully seeks leave under Fed. R. Crim. P. 48(a) to dismiss with prejudice all counts in the Superseding Indictment as to each of the above-named defendants.

The Superseding Indictment in this case was returned on March 2, 2016, against nineteen defendants. The defendants were subsequently severed into three groups for separate trials, the defendants named herein comprising the third group, their trial being set to commence on February 26, 2018.

During the trial of the second group, and on January 8, 2018, the Court declared a mistrial and entered an Order dismissing the Superseding Indictment against the second group of defendants with prejudice. The government has since filed a Motion in that case, asking the Court to reconsider its dismissal Order for the reasons set forth in the Motion.

In light of the Court's dismissal Order and the pendency of the government's Motion for Reconsideration, the government believes that, under these circumstances and in the interests of justice, it is appropriate to move to dismiss the Superseding Indictment against the third group of defendants named herein with prejudice.

WHEREFORE, for all the foregoing reasons, the government respectfully requests that the Court grant the government's Motion to Dismiss and enter an Order dismissing all counts in the Superseding Indictment with prejudice as to defendants Dave Bundy, Mel Bundy, Joseph O'Shaughnessy, and Jason D. Woods and vacating the current trial setting of February 26, 2018.

IT IS SO ORDERED.