Filed: Jan. 19, 2016
Latest Update: Jan. 19, 2016
Summary: ORDER LINDA R. READE , Chief District Judge . The matter before the court is the government's "Motion to Dismiss Without Prejudice" ("Motion") (docket no. 140), filed on January 4, 2016. 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 i
Summary: ORDER LINDA R. READE , Chief District Judge . The matter before the court is the government's "Motion to Dismiss Without Prejudice" ("Motion") (docket no. 140), filed on January 4, 2016. 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..
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ORDER
LINDA R. READE, Chief District Judge.
The matter before the court is the government's "Motion to Dismiss Without Prejudice" ("Motion") (docket no. 140), filed on January 4, 2016.
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). Defendant is currently in fugitive status, is unrepresented and has, accordingly, submitted no objection to the dismissal within the resistance period. See LCrR 47. Furthermore, the court finds that dismissal is not clearly contrary to the manifest public interest. See Jacobo-Zavala, 241 F.3d at 1012-13 (stating 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 Indictment (docket no. 4) is DISMISSED WITHOUT PREJUDICE as to the above-captioned defendant.
IT IS SO ORDERED.
