Filed: Dec. 30, 2014
Latest Update: Dec. 30, 2014
Summary: GOVERNMENT'S MOTION TO DISMISS CRIMINAL INFORMATION WITHOUT PREJUDICE AND ORDER GLORIA M. NAVARRO, Chief District Judge. COMES NOW the United States of America, by and through the undersigned counsel, and moves to dismiss the Criminal Information without prejudice filed in the above-captioned case against defendant Darryl Scott Nichols, pursuant to Rule 48(a) of the Federal Rules of Criminal Procedure. As grounds for this motion, the government states as follows: 1. The defendant was cha
Summary: GOVERNMENT'S MOTION TO DISMISS CRIMINAL INFORMATION WITHOUT PREJUDICE AND ORDER GLORIA M. NAVARRO, Chief District Judge. COMES NOW the United States of America, by and through the undersigned counsel, and moves to dismiss the Criminal Information without prejudice filed in the above-captioned case against defendant Darryl Scott Nichols, pursuant to Rule 48(a) of the Federal Rules of Criminal Procedure. As grounds for this motion, the government states as follows: 1. The defendant was char..
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GOVERNMENT'S MOTION TO DISMISS CRIMINAL INFORMATION WITHOUT PREJUDICE AND ORDER
GLORIA M. NAVARRO, Chief District Judge.
COMES NOW the United States of America, by and through the undersigned counsel, and moves to dismiss the Criminal Information without prejudice filed in the above-captioned case against defendant Darryl Scott Nichols, pursuant to Rule 48(a) of the Federal Rules of Criminal Procedure.
As grounds for this motion, the government states as follows:
1. The defendant was charged in a Criminal Information on one count of conspiracy to commit mail and wire fraud, in violation of Title 18, United State Code, Section 1343.
2. On September 6, 2011, Defendant Nichols entered a plea of guilty as to one count of conspiracy to commit wire and mail fraud.
3. Sentencing in this matter is scheduled for May 18, 2015 at 10:00 am.
4. On or about November 2, 2014, Defendant Nichols died.
5. Dismissals under Rule 48(a) are generally without prejudice. See 3B Fed. Prac. & Proc. Crim. (3d ed.), Fed. Crim. Rules Handbook FCRP 48 (2011 ed.)
6. It is in the best interest of justice to dismiss the Criminal Information filed against defendant Darryl Scott Nichols, without prejudice.
WHEREFORE, the Government by and through the undersigned counsel, respectfully requests the dismissal of the Criminal Information filed against defendant Darryl Scott Nichols without prejudice.
IT IS SO ORDERED.
