U.S. v. ROBINSON, 5:10-MJ-1604-JG-1. (2015)
Court: District Court, E.D. North Carolina
Number: infdco20150714902
Visitors: 7
Filed: Jul. 13, 2015
Latest Update: Jul. 13, 2015
Summary: ORDER JAMES E. GATES , Magistrate Judge . This case comes before the court on the government's motion (D.E. 10) pursuant to Federal Rule of Criminal Procedure 48(a) to dismiss with prejudice the superseding indictment (D.E. 5) filed against defendant on 27 July 2010. For the reasons stated in the motion, the court finds that the government's motion is made in good faith and that dismissal of this case is not contrary to the public interest. See United States v. Goodson, 204 F.3d 508 , 51
Summary: ORDER JAMES E. GATES , Magistrate Judge . This case comes before the court on the government's motion (D.E. 10) pursuant to Federal Rule of Criminal Procedure 48(a) to dismiss with prejudice the superseding indictment (D.E. 5) filed against defendant on 27 July 2010. For the reasons stated in the motion, the court finds that the government's motion is made in good faith and that dismissal of this case is not contrary to the public interest. See United States v. Goodson, 204 F.3d 508 , 512..
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ORDER
JAMES E. GATES, Magistrate Judge.
This case comes before the court on the government's motion (D.E. 10) pursuant to Federal Rule of Criminal Procedure 48(a) to dismiss with prejudice the superseding indictment (D.E. 5) filed against defendant on 27 July 2010. For the reasons stated in the motion, the court finds that the government's motion is made in good faith and that dismissal of this case is not contrary to the public interest. See United States v. Goodson, 204 F.3d 508, 512 (4th Cir. 2000) (holding that "the court must grant the government's Rule 48(a) motion unless the court concludes that to grant it would be clearly contrary to manifest public interest, determined by whether the prosecutor's motion to dismiss was made in bad faith"). Accordingly, the motion is GRANTED, and the superseding indictment against defendant is hereby DISMISSED WITH PREJUDICE.
SO ORDERED.
Source: Leagle