Opinion
CRIMINAL ACTION NO. 19-148 SECTION "R" (2)
11-21-2019
UNITED STATES v. DARNELL JOHNSON
ORDER AND REASONS
Before the Court is the government's motion to dismiss the indictment and arrest warrant of Darnell Johnson. On August 1, 2019, Johnson, along with three other co-conspirators, was charged in an indictment with conspiracy to distribute 50 grams or more of methamphetamine and 500 grams or more of a mixture or substance containing methamphetamine, in violation of 21 U.S.C. §§ 841(a)(1), 841(b)(1)(A), and 846.
R. Doc. 39.
R. Doc. 1.
The government has informed the Court that Johnson has died, as was confirmed by a death certificate issued by the County of Los Angeles, California. When a criminal defendant dies, dismissal of the indictment is proper. See, e.g., United States v. Lay, 456 F. Supp. 2d 869, 874-75 (S.D. Tex. 2006). The Court therefore GRANTS the government's motion. The indictment is therefore DISMISSED.
R. Doc. 39. --------
New Orleans, Louisiana, this 21st day of November, 2019.
/s/_________
SARAH S. VANCE
UNITED STATES DISTRICT JUDGE