Opinion
2:12-cr-379-LRH-VCF
01-24-2013
UNITED STATES OF AMERICA, Plaintiff v. OCTAVIO BENAVIDES-MUNOZ, Defendant.
RENE L. VALLADARES Federal Public Defender RAQUEL LAZO Assistant Federal Public Defender
RENE L. VALLADARES
Federal Public Defender
State Bar No. 11479
RAQUEL LAZO
Assistant Federal Public Defender
411 E. Bonneville Avenue, Suite 250
Las Vegas, Nevada 89101
(702)388-6577
(Fax) 388-6261
Attorneys for BEN AVID ES-MUNOZ
MOTION TO DISMISS INDICTMENT
WITH PROPOSED ORDER
(First Request)
GOMES NOW, appointed counsel, Raquel Lazo, Assistant Federal Public Defender, hereby moves this Court to dismiss the Indictment with Proposed Order.
1. On January 3, 2013 the defendant entered a superseding misdemeanor plea to unlawful entry into the United States in violation of 8 USC § 1325(a)(1) and was sentenced. At the hearing, government counsel moved to have the underlying felony indictment dismissed. Magistrate Judge Cam Ferenbach granted the motion.
2. Client hereby moves to have the Indictment dismissed.
RENE L. VALLADARES
Federal Public Defender
By: ______________________
RAQUEL LAZO
Assistant Federal Public Defender
UNITED STATES OF AMERICA,
Plaintiff;
vs.
OCTAVIO BENAVTOES-MUNOZ,
Defendant.
2:12-cr-379-LRH-yCF
ORDER
IT IS HEREBY ORDERED that the Indictment be DISMISSED.
______________________
UNITED STATES DISTRICT JUDGE
CERTIFICATE OF ELECTRONIC SERVICE
The undersigned hereby certifies that she is an employee of the Law Offices of the Federal Public Defender for the District of Nevada and is a person of such age and discretion as to be competent to serve papers.
That on January 8, 2013, she served ah electronic copy of the above and foregoing MOTION TO DISMISS INDICTMENT WITH PROPOSED ORDER by electronic service (ECF) to the person named below:
DANIEL BOGDEN
United States Attorney
333 Las Vegas Blvd.So., 5th Floor
Las Vegas, Nevada 89101
ROBERT A. BORK
Assistant United States Attorney
333 Las Vegas Blvd. So. 5th Floor
Las Vegas, NV 89101
Maribel Bran
Employee of the Federal Public Defender