Filed: Dec. 13, 2017
Latest Update: Dec. 13, 2017
Summary: MOTION FOR ORDER OF DISMISSAL CAM FERENBACH , District Judge . The Government hereby moves to dismiss the Indictment against Hugo Astorga-Nunez, a/k/a Hugo Caser Astorga without prejudice, and, pursuant to Rule 48(a) of the Federal Rules of Criminal Procedure, seeks leave of the Court for such dismissal. BACKGROUND In support of its motion, the Government states: 1. The defendant was indicted on March 18, 2015. ECF # 1. 2. The defendant never made his initial appearance on these charge
Summary: MOTION FOR ORDER OF DISMISSAL CAM FERENBACH , District Judge . The Government hereby moves to dismiss the Indictment against Hugo Astorga-Nunez, a/k/a Hugo Caser Astorga without prejudice, and, pursuant to Rule 48(a) of the Federal Rules of Criminal Procedure, seeks leave of the Court for such dismissal. BACKGROUND In support of its motion, the Government states: 1. The defendant was indicted on March 18, 2015. ECF # 1. 2. The defendant never made his initial appearance on these charges..
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MOTION FOR ORDER OF DISMISSAL
CAM FERENBACH, District Judge.
The Government hereby moves to dismiss the Indictment against Hugo Astorga-Nunez, a/k/a Hugo Caser Astorga without prejudice, and, pursuant to Rule 48(a) of the Federal Rules of Criminal Procedure, seeks leave of the Court for such dismissal.
BACKGROUND
In support of its motion, the Government states:
1. The defendant was indicted on March 18, 2015. ECF # 1.
2. The defendant never made his initial appearance on these charges.
3. On December 1, 2017, the defendant was deported from the United States by the U.S. Department of Homeland Security, Immigration and Customs Enforcement. There is no indication that the defendant has since returned to the United States or has notice of the pending action against him.
CONCLUSION
For the foregoing reasons, the Government respectfully requests that the Court grant it leave to dismiss without prejudice the above captioned case.
ORDER OF DISMISSAL
IT IS HEREBY ORDERED THAT:
(1) Upon Motion of the Government and pursuant to Rule 48(a) of the Federal Rules of Criminal Procedure, Leave of Court is granted for the filing of the Government's Motion for Order of Dismissal.
(2) The Indictment in the above captioned case that was filed on March 18, 2015, is hereby ordered dismissed without prejudice.
