United States v. Armenta

Full title: UNITED STATES OF AMERICA, Plaintiff, v. RICHARD ARNOLD ARMENTA, Defendant.

Court: United States District Court, Eastern District of California

Date published: Jul 29, 2021

5:20-MJ-00046-JLT (E.D. Cal. Jul. 29, 2021)

Opinion

5:20-MJ-00046-JLT

07-29-2021

UNITED STATES OF AMERICA, Plaintiff, v. RICHARD ARNOLD ARMENTA, Defendant.

PHILLIP A. TALBERT Acting United States Attorney JEFFREY SPIVAK ALEXANDRE DEMPSEY Assistant United States Attorneys Attorneys for Plaintiff United States of America

JENNIFER L. THURSTON CHIEF UNITED STATES MAGISTRATE JUDGE

PHILLIP A. TALBERT

Acting United States Attorney

JEFFREY SPIVAK

ALEXANDRE DEMPSEY

Assistant United States Attorneys

Attorneys for Plaintiff United States of America

MOTION TO DISMISS COUNT ONE; [PROPOSED] ORDER DISMISSING COUNT 1 AND SETTING A STATUS CONFERENCE

JENNIFER L. THURSTON CHIEF UNITED STATES MAGISTRATE JUDGE

Plaintiff United States of America, by and through counsel, moves to dismiss Count One, a violation of 16 U.S.C. § 3372(a)(4), of the November 20, 2020 Criminal Complaint against Richard Arnold Armenta pursuant to Federal Rule of Criminal Procedure 48(a). With the dismissal of Count One, the only Class A Misdemeanor charge in the Complaint will be dismissed, obviating the need for the currently scheduled July 30, 2021 preliminary hearing. The United States requests that the currently scheduled preliminary hearing be converted to a status date.

Based upon the motion of the government, the Court ORDERS:

1. Count 1 is DISMISSED.

2. The preliminary hearing is VACATED.

3. The Court sets a status conference on September 7, 2021 at 9 a.m.

IT IS SO ORDERED.