Opinion
7:22-cr-34 (WLS)
12-04-2023
UNITED STATES OF AMERICA v. DEVIN DEWAYNE HUNTER, Defendant.
ORDER
W. LOUIS SANDS, SR. JUDGE UNITED STATES DISTRICT COURT
On September 14, 2022, Defendant Devin DeWayne Hunter, was indicted by a grand jury in a two count indictment. (Doc. 1.) Count One charges Possession of a Firearm and Ammunition by a Convicted Felon on or about June 25, 2020, in violation of 18 U.S.C. §§ 922(g)(1), 924(a)(2). (Id) Count Two charges Possession of a Firearm b a Convicted Felon on or about August 23, 2021, in violation of 18 U.S.C. §§ 922(g)(l), 924(a)(2). (Id.)
On December 1, 2023, the Government filed a Motion to Dismiss Count One of the Indictment (Doc. 29) requesting that the Defendant be dismissed from Count One of the pending Indictment. The Government states:
Undersigned counsel has been informed that defendant pled guilty to Possession of a Firearm by Convicted Felon in the Superior Court of Lowndes County, case number 2021CR382. Moreover, defendant was sentence[d] to five years' probation and a $3,000 fine. (Gov. Exh. 1, Final Disposition) This state conviction is for offenses occurring on June 25, 2020, in Lowndes County Georgia.(Doc. 29 ¶ 3) Count One of the Indictment relates to the same acts prosecuted in the above state case. (Id. ¶ 4) Therefore, the Government requests the Court dismiss Count One of the pending Indictment.
Accordingly, the Government's Motion (Doc. 29) is GRANTED. Count One of the Indictment (Doc. 1) against the Defendant is DISMISSED without prejudice. The Government shall proceed with prosecution of Count Two in the regular course.
SO ORDERED