Motion and Order to Dismiss Indictment Without Prejudice

ANDREW P. GORDON, District Judge.

The United States of America by and through Nicholas A. Trutanich, United States Attorney for the District of Nevada, and Kevin Schiff, Assistant United States Attorney, pursuant to Rule 48(a) of the Federal Rules of Criminal Procedure seek leave from this Court to dismiss the Indictment in the above captioned matter without prejudice.,

On October 25, 2018 the Defendant was ordered released pending trial on a personal recognizance bond with conditions of pre-trial release. Immediately after that release, the Defendant was taken into custody by Immigrations and Customs Enforcement (ICE).

The Government was informed by ICE on January 17, 2019 that the Defendant was removed from the United States on January 15, 2019.

Order Dismissing the Indictment Without Prejudice

Pursuant to Rule 48(a) of the Federal Rules of Criminal Procedure the United States Attorney for the District of Nevada has moved to dismiss without prejudice the Indictment and all charges brought against Rogelio Adan Rubio-Diaz in the above captioned matter.

With leave of this Court, the Motion is granted and the Indictment is dismissed without prejudice. All future court hearings to include the trial currently set for May 6, 2019 and Calendar call currently set for April 30, 2019 are hereby vacated. Any previously imposed conditions of pre-trial release are hereby exonerated.

IT IS SO ORDERED.