MOTION FOR ORDER OF DISMISSAL

RICHARD F. BOULWARE, II, District Judge.

The United States hereby moves to dismiss the Indictment against Rodolfo Mojica-Valle without prejudice, and, pursuant to Rule 48(a) of the Federal Rules of Criminal Procedure, seeks leave of the Court for such dismissal.

BACKGROUND

In support of its motion, the Government states:

1. The defendant was indicted on March 21, 2018. ECF # 1.

2. The defendant made his initial appearance in this matter on March 22, 2018. ECF # 9. After a detention hearing on March 23, 2018, the court ordered supplemental briefing on the issue of detention. ECF # 9. The United States withdrew its motion for detention. ECF #12. The Court ordered the defendant released from US Marshal custody and taken into administrative custody by U.S. Department of Homeland Security, Immigration and Customs Enforcement pursuant to a Notice of Reinstatement of Prior Removal on or about April 6, 2018.1 ECF #17.

3. On April 21, 2018, the defendant was removed from the United States to Mexico by the U.S. Department of Homeland Security, Immigration and Customs Enforcement. There is no indication that the defendant has since returned to the United States.

CONCLUSION

For the foregoing reasons, the Government respectfully requests that the Court grant it leave to dismiss without prejudice the above captioned case.

IT IS HEREBY ORDERED THAT:

(1) Upon Motion of the Government and pursuant to Rule 48(a) of the Federal Rules of Criminal Procedure, Leave of Court is granted for the filing of the Government's Motion for Order of Dismissal.

(2) The Indictment in the above captioned case that was filed on March 21, 2018, is hereby ordered dismissed without prejudice.