United States v. Davenport

Full title: UNITED STATES OF AMERICA, Plaintiff, v. ROBERT H. DAVENPORT, Defendant.

Court: United States District Court, Eastern District of California

Date published: Sep 7, 2023

1:21-cr-00307-JLT-SAB (E.D. Cal. Sep. 7, 2023)

Opinion

1:21-cr-00307-JLT-SAB

09-07-2023

UNITED STATES OF AMERICA, Plaintiff, v. ROBERT H. DAVENPORT, Defendant.

PHILLIP A. TALBERT United States Attorney JEFFREY A. SPIVAK Assistant U.S. Attorney Attorneys for Plaintiff

HON. JENNIFER L. THURSTON UNTIED STATES DISTRICT JUDGE

PHILLIP A. TALBERT United States Attorney

JEFFREY A. SPIVAK Assistant U.S. Attorney Attorneys for Plaintiff

MOTION AND ORDER TO DISMISS WITHOUT PREJUDICE AND TO VACATE TRIAL DATE

HON. JENNIFER L. THURSTON UNTIED STATES DISTRICT JUDGE

The United States of America, by and through Phillip A. Talbert, United States Attorney, and Jeffrey A. Spivak, Assistant United States Attorney, pursuant to Rule 48(a) of the Federal Rules of Criminal Procedure, moves to dismiss this case in the interest of justice without prejudice.

Defendant is participating and has been participating in the Veteran's Court program in the Superior Court of California, County of Merced (21CR-04692). The United States believes dismissal of this case in favor of his continued mental health and medical treatment, and participation on the Veteran's Court program, is in the interests of justice.

The United States also requests the Court vacate the November 14, 2023 trial date in this matter.

ORDER

IT IS HEREBY ORDERED that this case is dismissed in the interest of justice without prejudice.

IT IS SO ORDERED.