Opinion
CIVIL ACTION NO. 1:07CR176-P-D.
April 30, 2009
ORDER
These matters came before the court upon counsel for Defendant Peter Bernegger's motion to withdraw as counsel [66], Defendant Bernegger's pro se motion to dismiss the Superceding Indictment [72], and the Government's motion to strike the motion to dismiss [74] during a hearing held on April 30, 2009. Accordingly,
IT IS ORDERED AND ADJUDGED that:
(1) Since counsel for Defendant Peter Bernegger withdrew his motion to withdraw, counsel for Defendant Peter Bernegger's motion to withdraw as counsel [66] is DENIED AS MOOT;
(2) Defendant Bernegger's pro se motion to dismiss the Superceding Indictment [72] based upon the Speedy Trial Act is DENIED; and
(3) The Government's motion to strike the motion to dismiss [74] is GRANTED.