Filed: Feb. 27, 2019
Latest Update: Feb. 27, 2019
Summary: MOTION TO DISMISS; [PROPOSED] ORDER LAWRENCE J. O'NEILL , Chief District Judge . The United States of America, by and through MCGregor W. Scott, United States Attorney, and Melanie L. Alsworth, Assistant United States Attorney, moves this Court for permission to dismiss without prejudice the indictment in Case Number 1:18-CR-00125 LJO. Rule 48(a) of the Federal Rules of Criminal Procedure permits the government, with leave of court, to dismiss an indictment. Good cause exists to dismiss th
Summary: MOTION TO DISMISS; [PROPOSED] ORDER LAWRENCE J. O'NEILL , Chief District Judge . The United States of America, by and through MCGregor W. Scott, United States Attorney, and Melanie L. Alsworth, Assistant United States Attorney, moves this Court for permission to dismiss without prejudice the indictment in Case Number 1:18-CR-00125 LJO. Rule 48(a) of the Federal Rules of Criminal Procedure permits the government, with leave of court, to dismiss an indictment. Good cause exists to dismiss the..
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MOTION TO DISMISS; [PROPOSED] ORDER
LAWRENCE J. O'NEILL, Chief District Judge.
The United States of America, by and through MCGregor W. Scott, United States Attorney, and Melanie L. Alsworth, Assistant United States Attorney, moves this Court for permission to dismiss without prejudice the indictment in Case Number 1:18-CR-00125 LJO.
Rule 48(a) of the Federal Rules of Criminal Procedure permits the government, with leave of court, to dismiss an indictment. Good cause exists to dismiss the pending indictment without prejudice, and dismissal is in the interest of justice. Further, Mr. Ivey is detained as a result of this case. The Court should order the U.S. Marshall to effect the defendant's immediate release from federal custody insofar as he is being held on the indictment in this case.
ORDER
The Court grants the government's motion, pursuant to Fed. R. Crim. P. 48(a), and orders that:
1. The indictment in this case is dismissed without prejudice; and
2. The U. S. Marshall is ordered to release defendant from federal custody, subject to any other valid holds that may be lodged against defendant.
IT IS SO ORDERED.
