United States v. Cereceres

Full title: UNITED STATES OF AMERICA, Plaintiff, v. MARCO CERECERES, Defendant.

Court: United States District Court, Northern District of Oklahoma

Date published: Oct 12, 2022

No. 13-CR-028-JED (N.D. Okla. Oct. 12, 2022)

Opinion

13-CR-028-JED

10-12-2022

UNITED STATES OF AMERICA, Plaintiff, v. MARCO CERECERES, Defendant.

JOHN F. HEIL, III UNITED STATES DISTRICT JUDGE

OPINION AND ORDER

JOHN F. HEIL, III UNITED STATES DISTRICT JUDGE

Before the Court is a motion for leave to dismiss without prejudice (“Motion”) filed by the United States of America (“Government”). Dkt. No. 2424. The Government requests leave to dismiss the superseding indictment [Dkt. No. 6] without prejudice as to Defendant Marco Cereceres (“Defendant”). Id.

Under Fed. R. Crim. P. 48(a), “courts must grant prosecutors leave to dismiss charges unless dismissal is clearly contrary to manifest public interest.” United States v. Robertson, 45 F.3d 1423, 1437 n.14 (10^th Cir. 1995) (quoting Rinaldi v. United States, 434 U.S. 22, 30 (1977)). The Court concludes that dismissal of the charge against Defendant is not contrary to the public interest, nor is it for an improper purpose. The Government's motion to dismiss should be granted.

IT IS THEREFORE ORDERED that the Government's motion for leave to dismiss without prejudice [Dkt. No. 2424] is GRANTED. Both the indictment [Dkt. No. 2] and the superseding indictment [Dkt. No. 6] are dismissed without prejudice as to Defendant Marco Cereceres.