U.S. v. Warrant for Arrest of Mendoza

Full title: UNITED STATES, Plaintiff, vs. WARRANT FOR ARREST RICHARD MENDOZA, Defendant

Court: United States District Court, D. Idaho

Date published: Sep 18, 2003

CR NO. 03-194-S-EJL (D. Idaho Sep. 18, 2003)

Opinion

CR NO. 03-194-S-EJL

September 18, 2003

ORDER GRANTING LEAVE TO DISMISS INDICTMENT, DISMISSING INDICTMENT, AND QUASHING

EDWARD LODGE, District Judge

The Court has been presented with a Motion to Dismiss filed by the Government. The Motion is filed pursuant to Rule 48(a) of the Federal Rules of Criminal Procedure and requests leave of the Court to dismiss the indictment, dismissal of the Indictment, and an Order quashing the warrant for arrest.

The Government's Motion is predicated upon the fact that the defendant will be punished in state court for the same conduct for which she was federally indicted. The Government discovered her pica of guilty in state court after the Indictment was returned. The Government initially proceeded under the assumption that federal court would be the sole forum of prosecution for this defendant's crime.

The Court finds that the basis for the Government's Motion to Dismiss is in the best interest of justice.

Therefore, based upon the Government's Motion to Dismiss and in the interests of justice, it is Ordered that the Government is given leave by this Court to dismiss the Indictment in the above-entitled case.

Further, it is Ordered that the Indictment in the above-entitled case is HEREBY DISMISSED.

It is Ordered that the Warrant for Arrest in the above-entitled case is HEREBY QUASHED,