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United States v. Powell, 5:19-CR-00083-KDB-DCK. (2020)

Court: District Court, W.D. North Carolina Number: infdco20200203c82 Visitors: 4
Filed: Jan. 31, 2020
Latest Update: Jan. 31, 2020
Summary: ORDER KENNETH D. BELL , District Judge . THIS MATTER is before the Court on the Government's Motion to Dismiss Count Two of the Bill of Indictment in the above captioned matter. (Doc. No. 13) ("Motion"). The Government moves to dismiss Count Two (Possession of Ammunition by a Felon) pursuant to Federal Rule of Criminal Procedure Rule 48(a) and to "streamline the issues in dispute." Id. at 1. After review of the record and for the reasons stated in the Motion, the Court grants the Govern
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ORDER

THIS MATTER is before the Court on the Government's Motion to Dismiss Count Two of the Bill of Indictment in the above captioned matter. (Doc. No. 13) ("Motion"). The Government moves to dismiss Count Two (Possession of Ammunition by a Felon) pursuant to Federal Rule of Criminal Procedure Rule 48(a) and to "streamline the issues in dispute." Id. at 1. After review of the record and for the reasons stated in the Motion, the Court grants the Government's Motion to Dismiss Count Two of the Bill of Indictment.

Defendant had previously filed a Motion to Dismiss and/or Elect Count (Multiplicitous Counts), (Doc. No. 12), asking the Court to dismiss one of the two counts in the Bill of Indictment or merge the two counts into a single count. Having ruled on the Government's Motion, Defendant's motion is now moot.

IT IS THEREFORE ORDERED:

1. The Government's Motion, (Doc. No. 13), is GRANTED and Count Two of the Bill of Indictment is DISMISSED; and 2. Defendant's Motion, (Doc. No. 12), is DENIED AS MOOT.
Source:  Leagle

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