Opinion
2:20-cr-012-KJD-NJK
01-19-2022
UNITED STATES OF AMERICA, Plaintiff, v. JOSE R. DELGADO, JR., Defendant.
CHRISTOPHER CHIOU Acting United States Attorney CHRISTOPHER BURTON Assistant United States Attorney District of Nevada
CHRISTOPHER CHIOU Acting United States Attorney
CHRISTOPHER BURTON Assistant United States Attorney District of Nevada
GOVERNMENT'S MOTION TO DISMISS THE PETITION FOR ACTION ON CONDITIONS OF PRETRIAL RELEASE AND QUASH THE WARRANT
Certification: This motion is timely filed
The government moves for leave of Court to dismiss the petition against Jose R. Delgado Jr. and quash the associated warrant. The petition alleges that Delgado violated the terms of his pretrial release and a warrant has been issued on the basis of the petition.
The government has learned that Delgado is currently incarcerated in a separate State matter (Case No. C-20-348290-1) and has been since approximately February 18, 2020. Delgado received a total aggregate sentence of 60-144 months imprisonment in his State matter and is currently serving that sentence.
The parties have reached a plea agreement in this case and are in the process of securing Delgado's appearance for the purpose of entering a guilty plea. The Court has informed the parties that it wishes to have the instant petition dismissed and warrant quashed before setting the matter for change of plea.
Accordingly, in order to set this matter for a change of plea and resolve the matter, the government is moving for leave of Court to dismiss the instant petition without prejudice and quash the associated warrant.
IT IS SO ORDERED.