U.S. v. Louis, 85-CR-15-CJW. (2018)
Court: District Court, N.D. Iowa
Number: infdco20181023g54
Visitors: 8
Filed: Oct. 22, 2018
Latest Update: Oct. 22, 2018
Summary: ORDER C.J. WILLIAMS , District Judge . The matter before the Court is the government's Motion to Dismiss Indictment (Doc. 4), which the government filed on October 17, 2018. 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 . . . when dismissal is clearly contrary to the manifest public interest" or under certain other cir
Summary: ORDER C.J. WILLIAMS , District Judge . The matter before the Court is the government's Motion to Dismiss Indictment (Doc. 4), which the government filed on October 17, 2018. 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 . . . when dismissal is clearly contrary to the manifest public interest" or under certain other circ..
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ORDER
C.J. WILLIAMS, District Judge.
The matter before the Court is the government's Motion to Dismiss Indictment (Doc. 4), which the government filed on October 17, 2018. 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 . . . when dismissal is clearly contrary to the manifest public interest" or under certain other circumstances not at issue here. United States v. Jacobo-Zavala, 241 F.3d 1009, 1012 (8th Cir. 2001). In this case, the Court finds that dismissal is not clearly contrary to the manifest public interest. See id. 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 to Dismiss Indictment is granted. The Indictment (Doc.1) is dismissed without prejudice. The Arrest Warrant (Doc. 2) is hereby quashed.
IT IS SO ORDERED.
Source: Leagle
