Opinion
19-cr-0096 (WMW/HB)
06-18-2021
United States of America, Plaintiff, v. Travis Kyle Mayer, Defendant.
ORDER DISMISSING COUNT 8
Wilhelmina M. Wright United States District Judge
This matter is before the Court on Plaintiff United States of America's motion to dismiss without prejudice Count 8 of the third superseding indictment, which charges Defendant Travis Kyle Mayer with possession of child pornography, in violation of 18 U.S.C. § 2252(a)(4)(B), (b)(2). “The government may, with leave of court, dismiss an indictment, information, or complaint.” Fed. R. Crim. P. 48(a). The government must obtain the defendant's consent to dismiss a charge only if the dismissal is sought after the trial has commenced. See Id. Because the trial in this case has not yet commenced, the Court grants the United States's motion to dismiss Count 8.
Based on all the files, records, and proceedings herein, IT IS HEREBY ORDERED that Count 8 of the third superseding indictment is DISMISSED WITHOUT PREJUDICE.