Opinion
Case No. 8:14-cr-376-T-33TGW
06-14-2018
UNITED STATES OF AMERICA v. CESAR DANIEL ANAYA-MARTINEZ
ORDER
This matter comes before the Court upon consideration of the Government's Request for Leave to Dismiss Indictment (Doc. # 69), filed on June 13, 2018. For the reasons stated below, the Court grants the request. Discussion
On November 5, 2014, a federal grand jury in the Middle District of Florida, Tampa Division, returned a two-count Superseding Indictment against four Defendants, including Defendant Cesar Daniel Anaya-Martinez. (Doc. # 10). The Government seeks to dismiss the Indictment without prejudice as to Anaya-Martinez pursuant to Rule 48(a) of the Federal Rules of Criminal Procedure. (Doc. # 69). Rule 48(a) provides "[t]he Government may, with leave of court, dismiss an indictment, information or complaint." The Government explains that Anaya-Martinez's extradition to the Middle District of Florida was not approved - instead, he was extradited to the Eastern District of New York. (Doc. # 69). The Court finds it appropriate to grant the relief requested by the Government.
Accordingly, it is
ORDERED, ADJUDGED, and DECREED: (1) The Government's Request for Leave to Dismiss Indictment (Doc. # 69) is GRANTED. (2) Pursuant to the Government's request, the Indictment against Anaya-Martinez is dismissed without prejudice. The Clerk is directed to close this case as to Anaya-Martinez.
DONE and ORDERED in Chambers in Tampa, Florida, this 14th day of June, 2018.
/s/_________
VIRGINIA M. HERNANDEZ COVINGTON
UNITED STATES DISTRICT JUDGE