Filed: Nov. 30, 2017
Latest Update: Nov. 30, 2017
Summary: MOTION TO DISMISS INDICTMENT RICHARD F. BOULWARE, II , District Judge . COMES NOW the United States of America, by and through STEVEN W. MYHRE, Acting United States Attorney and PAMELA A. MARTIN, Assistant United States Attorney, hereby move to Dismiss the Indictment without prejudice. STATEMENT OF THE CASE On August 8, 2017, the defendant was Indicted for Deported Alien Found Unlawfully in the United States, a violation of Title 8, U.S.C. 1326. The defendant has been in custody since J
Summary: MOTION TO DISMISS INDICTMENT RICHARD F. BOULWARE, II , District Judge . COMES NOW the United States of America, by and through STEVEN W. MYHRE, Acting United States Attorney and PAMELA A. MARTIN, Assistant United States Attorney, hereby move to Dismiss the Indictment without prejudice. STATEMENT OF THE CASE On August 8, 2017, the defendant was Indicted for Deported Alien Found Unlawfully in the United States, a violation of Title 8, U.S.C. 1326. The defendant has been in custody since Ju..
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MOTION TO DISMISS INDICTMENT
RICHARD F. BOULWARE, II, District Judge.
COMES NOW the United States of America, by and through STEVEN W. MYHRE, Acting United States Attorney and PAMELA A. MARTIN, Assistant United States Attorney, hereby move to Dismiss the Indictment without prejudice.
STATEMENT OF THE CASE
On August 8, 2017, the defendant was Indicted for Deported Alien Found Unlawfully in the United States, a violation of Title 8, U.S.C. § 1326. The defendant has been in custody since July 24, 2017.
A Plea Agreement was sent to defense counsel allowing for a plea to the Indictment and the parties contemplated a credit Time Service Sentence recommendation to the Court.
Defense counsel informed Government counsel that she was having difficulties communicating with her client. Further discussions were had between the defendant and his counsel, and the situation has not changed as to defense counsel's ability to communicate in an effective manner with the defendant.
Based on the foregoing, the Government believes it would be a waste of Government resources to commit the defendant for a psychological evaluation. Therefore, we are moving to have the Indictment in this matter be Dismissed without prejudice in the interest of justice limited resources.
ORDER
IT IS SO ORDERED.
