United States v. Tien the Le

Full title: UNITED STATES OF AMERICA, Plaintiff, v. TIEN THE LE, Defendant

Court: UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA

Date published: Mar 12, 2013

Case No. 2:08-cr-0449 WBS (E.D. Cal. Mar. 12, 2013)

Opinion

Case No. 2:08-cr-0449 WBS

03-12-2013

UNITED STATES OF AMERICA, Plaintiff, v. TIEN THE LE, Defendant

BENJAMIN B. WAGNER United States Attorney JASON HITT JILL M. THOMAS Assistant U.S. Attorneys

WILLIAM B. SHUBB

BENJAMIN B. WAGNER
United States Attorney
JASON HITT
JILL M. THOMAS
Assistant U.S. Attorneys

GOVERNMENT'S MOTION TO DISMISS COUNT THREE OF THE SUPERSEDING

INDICTMENT AGAINST DEFENDANT TIEN LE AND [PROPOSED] ORDER

[FED. R. CRIM. P. 48(a)]

The United States of America, by and through its attorneys of record, Assistant United States Attorneys Jason Hitt and Jill M. Thomas, hereby moves for an order dismissing Count Three (only) of the Superseding Indictment against defendant Tien LE pursuant to Federal Rule of Criminal Procedure 48(a). This motion is made in the interests of justice because the government has developed evidence suggesting certain elements of that crime cannot be proven beyond a reasonable doubt. This information has been provided to defense counsel in the form of pretrial disclosure of a recent interview with government witness Tony LE. In that interview, Mr. Tony LE indicates that defendant Tien LE may not have been aware of all aspects of the criminal conduct that is the subject of Count Three in the Superseding Indictment.

For these reasons, the undersigned respectfully requests that the Court enter an Order dismissing Count Three (only) of the Superseding Indictment against defendant Tien LE in Case No. 2:08-cr-0449 WBS in the interests of justice pursuant to Rule 48(a). The United States intends to proceed to trial on Counts One and Two of the Superseding Indictment.

Respectfully Submitted,

BENJAMIN B. WAGNER

United States Attorney

By: ______________________

JASON HITT

Assistant U.S. Attorney

ORDER

For the reasons set forth in the motion to dismiss filed by the United States, IT IS HEREBY ORDERED that:

Count Three of the Superseding Indictment against defendant Tien LE in Case No. 2:08-cr-0449 WBS is hereby DISMISSED pursuant to Federal Rule of Criminal Procedure 48(a).

______________________

WILLIAM B. SHUBB

UNITED STATES DISTRICT JUDGE