U.S. v. WEST, 92-CR-23-LRR. (2015)
Court: District Court, N.D. Iowa
Number: infdco20150204e24
Visitors: 16
Filed: Feb. 03, 2015
Latest Update: Feb. 03, 2015
Summary: ORDER LINDA R. READE, Chief District Judge. The matter before the court is the government's Motion to Dismiss Superseding Indictment ("Motion") (docket no. 268), which the government filed on February 2, 2015. Pursuant to Federal Rule of Criminal Procedure 48(a), "[t]he government may, with leave of court, dismiss an indictment, information, or complaint." Fed. R. Crim. P. 48(a). "[T]he district court may deny leave to dismiss an indictment . . . when the defendant objects to the dismissal, [o
Summary: ORDER LINDA R. READE, Chief District Judge. The matter before the court is the government's Motion to Dismiss Superseding Indictment ("Motion") (docket no. 268), which the government filed on February 2, 2015. Pursuant to Federal Rule of Criminal Procedure 48(a), "[t]he government may, with leave of court, dismiss an indictment, information, or complaint." Fed. R. Crim. P. 48(a). "[T]he district court may deny leave to dismiss an indictment . . . when the defendant objects to the dismissal, [or..
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ORDER
LINDA R. READE, Chief District Judge.
The matter before the court is the government's Motion to Dismiss Superseding Indictment ("Motion") (docket no. 268), which the government filed on February 2, 2015. Pursuant to Federal Rule of Criminal Procedure 48(a), "[t]he government may, with leave of court, dismiss an indictment, information, or complaint." Fed. R. Crim. P. 48(a). "[T]he district court may deny leave to dismiss an indictment . . . when the defendant objects to the dismissal, [or] when dismissal is clearly contrary to the manifest public interest." United States v. Jacobo-Zavala, 241 F.3d 1009, 1012 (8th Cir. 2001). In this case, Defendant Matthew West has not objected to the dismissal. Furthermore, the court finds that dismissal is not clearly contrary to the manifest public interest. See Jacobo-Zavala, 241 F.3d at 1013-14 (finding that dismissal is contrary to the manifest public interest when the prosecutor acts in bad faith or has other improper motives). Accordingly, the Motion is GRANTED. The Superseding Indictment (docket no. 155) is DISMISSED.
IT IS SO ORDERED.
Source: Leagle
