Opinion
Case No.: 2:16-CR-00083-JCM-NJK
03-17-2017
UNITED STATES OF AMERICA, Plaintiff, v. REGINALD ANTHONY LOWE, a/k/a "Red" a/k/a "Reggie Lowe," Defendant.
STEVEN W. MYHRE Acting United States Attorney PATRICK BURNS Assistant United States Attorneys Nevada State Bar #: 11779 501 Las Vegas Boulevard South, Suite 1100 Las Vegas, Nevada 89101 PHONE: (702) 388-6336/FAX: (702) 388-6418 John.P.Burns@usdoj.gov Attorneys for the United States of America
STEVEN W. MYHRE
Acting United States Attorney
PATRICK BURNS
Assistant United States Attorneys
Nevada State Bar #: 11779
501 Las Vegas Boulevard South, Suite 1100
Las Vegas, Nevada 89101
PHONE: (702) 388-6336/FAX: (702) 388-6418
John.P.Burns@usdoj.gov Attorneys for the United States of America
GOVERNMENT'S RULE 48 MOTION TO DISMISS THE INDICTMENT AS TO DEFENDANT REGINALD LOWE
The United State of America, by and through STEVEN W. MYHRE, Acting United States Attorney, and PATRICK BURNS, Assistant United States Attorney, hereby respectfully submits this Government's Rule 48 Motion to Dismiss the Indictment as to Defendant Reginald Lowe.
Memorandum of Points and Authorities
A. Legal Standard for Government's Voluntary Dismissal of an Indictment Prior to Trial
Rule 48(a) of the Federal Rules of Criminal Procedure, governing "Dismissal, (a) By the Government," provides that, "The government may, with leave of court, dismiss an indictment, information, or complaint. The government may not dismiss the prosecution during trial without the defendant's consent."
B. Good Cause and the Interests of Justice Support Dismissing the Indictment as to Defendant Reginald Lowe
Good cause exists for granting the Government leave to dismiss the Indictment as to Defendant Reginald Lowe. Defendant Lowe is now deceased as confirmed by the attached redacted version of his death certificate. See Exhibit 1, Certificate of Death, Reginald Anthony Lowe, March 6, 2017. Should the Court grant this motion, the hearing currently scheduled for March 27, 2017 at 10:00 AM could be vacated.
I. Conclusion
WHEREFORE, after consideration of the included facts, points, authorities, exhibits, and arguments, the United States respectfully requests that this Court dismiss the indictment as to Defendant Reginald Lowe only, and vacate the hearing currently set for March 27, 2017 at 10:00 AM.
DATED this 17 day of March, 2017.
Respectfully submitted,
STEVEN W. MYHRE
Acting United States Attorney
/s/
PATRICK BURNS
Assistant United States Attorneys
ORDER DISMISSING THE INDICTMENT AS TO DEFENDANT REGINALD LOWE
Under Federal Rules of Criminal Procedure Rule 48(a), and by leave of Court endorsed hereon, the Acting United States Attorney for the District of Nevada hereby dismisses, as to Defendant Reginald Lowe only, the Criminal Indictment filed on March 25, 2016. Leave of Court is granted for the filing of the foregoing dismissal and the case is dismissed as to Defendant Reginald Lowe. The hearing previously scheduled for March 27, 2017 at 10:00 AM is hereby vacated.
DATED March 20, 2017.
/s/_________
JUDGE JAMES C. MAHAN
United States District Judge
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