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United States v. Johnson, 19-148. (2019)

Court: District Court, E.D. Louisiana Number: infdco20191122b99 Visitors: 3
Filed: Nov. 21, 2019
Latest Update: Nov. 21, 2019
Summary: ORDER AND REASONS SARAH S. VANCE , District Judge . Before the Court is the government's motion to dismiss the indictment and arrest warrant of Darnell Johnson. 1 On August 1, 2019, Johnson, along with three other co-conspirators, was charged in an indictment with conspiracy to distribute 50 grams or more of methamphetamine and 500 grams or more of a mixture or substance containing methamphetamine, in violation of 21 U.S.C. 841(a)(1), 841(b)(1)(A), and 846. 2 The government has infor
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ORDER AND REASONS

Before the Court is the government's motion to dismiss the indictment and arrest warrant of Darnell Johnson.1 On August 1, 2019, Johnson, along with three other co-conspirators, was charged in an indictment with conspiracy to distribute 50 grams or more of methamphetamine and 500 grams or more of a mixture or substance containing methamphetamine, in violation of 21 U.S.C. §§ 841(a)(1), 841(b)(1)(A), and 846.2

The government has informed the Court that Johnson has died, as was confirmed by a death certificate issued by the County of Los Angeles, California.3 When a criminal defendant dies, dismissal of the indictment is proper. See, e.g., United States v. Lay, 456 F.Supp.2d 869, 874-75 (S.D. Tex. 2006). The Court therefore GRANTS the government's motion. The indictment is therefore DISMISSED.

FootNotes


1. R. Doc. 39.
2. R. Doc. 1.
3. R. Doc. 39.
Source:  Leagle

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