U.S. v. Aleck, 3:16-cr-00065-MMD-VPC. (2017)
Court: District Court, D. Nevada
Number: infdco20171030k57
Visitors: 17
Filed: Oct. 27, 2017
Latest Update: Oct. 27, 2017
Summary: GOVERNMENT'S MOTION TO DISMISS, INDICTMENT AND PROPOSED ORDER, FOR DISMISSAL MIRANDA M. DU , District Judge . Pursuant to Rule 48(a) of the Federal Rules of Criminal Procedure, and by Government motion, and by leave of Court endorsed hereon, the United States Attorney for the District of Nevada hereby moves to dismiss the Superseding Indictment filed on October 11, 2017, against JOLENE FRANCES ALECK, Defendant herein. After having reviewed the Court's Order Denying Government's Motion for R
Summary: GOVERNMENT'S MOTION TO DISMISS, INDICTMENT AND PROPOSED ORDER, FOR DISMISSAL MIRANDA M. DU , District Judge . Pursuant to Rule 48(a) of the Federal Rules of Criminal Procedure, and by Government motion, and by leave of Court endorsed hereon, the United States Attorney for the District of Nevada hereby moves to dismiss the Superseding Indictment filed on October 11, 2017, against JOLENE FRANCES ALECK, Defendant herein. After having reviewed the Court's Order Denying Government's Motion for Re..
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GOVERNMENT'S MOTION TO DISMISS, INDICTMENT AND PROPOSED ORDER, FOR DISMISSAL
MIRANDA M. DU, District Judge.
Pursuant to Rule 48(a) of the Federal Rules of Criminal Procedure, and by Government motion, and by leave of Court endorsed hereon, the United States Attorney for the District of Nevada hereby moves to dismiss the Superseding Indictment filed on October 11, 2017, against JOLENE FRANCES ALECK, Defendant herein. After having reviewed the Court's Order Denying Government's Motion for Reconsideration [Doc. No. 67] and the Amended Order [ECF 69], the Government consulted internally with Department of Justice personnel and has concluded it cannot proceed to trial and simultaneously remain in compliance with the Court's order to disclose the personnel files of a nontestifying BIA agent because it believes in good faith that those files are protected by provisions of the Privacy Act of 1974, 5 U.S.C. § 552a. Therefore, as the Government does not wish to run afoul of the Court's orders, the Government moves to dismiss the Superseding Indictment without prejudice.,
ORDER DISMISSING INDICTMENT
The Court, having received and reviewed the Government's Motion to Dismiss Indictment, and pursuant to Fed.R.Crim.P. 48(a), does hereby grant the Motion. The Indictment in the above-captioned matter previously filed on October 11, 2017, is hereby dismissed without prejudice.
Source: Leagle
