Opinion
Case No. 2:11-mj-00314 KJN
10-11-2011
UNITED STATES OF AMERICA, Plaintiff, v. RICHARD RAYMOND KLEIN, and JASON WAYNE DIKES, Defendants.
BENJAMIN B. WAGNER United States Attorney JASON HITT Assistant U.S. Attorney
BENJAMIN B. WAGNER
United States Attorney
JASON HITT
Assistant U.S. Attorney
GOVERNMENT'S MOTION TO DISMISS THE CRIMINAL COMPLAINT AGAINST DEFENDANT DIKES AND ORDER
The United States of America, through its attorney of record, Assistant U.S. Attorney Jason Hitt, hereby moves for an order dismissing the Criminal Complaint against defendant Jason Wayne DIKES (only) in Case No. 2:11-mj-00314 KJN pursuant to Federal Rule of Criminal Procedure 48(a). The Criminal Complaint against DIKES and his co-defendant was filed on October 7, 2011.
The government brings this motion in the interests of justice because additional investigation of defendant DIKES is needed as a result of evidence developed after the filing of this Criminal Complaint. Specifically, the United States is submitting evidence seized in this case for extensive forensic examination and will evaluate whether to pursue criminal charges against defendant DIKES after that examination is complete. Accordingly, the undersigned respectfully moves to dismiss the Criminal Complaint as to defendant Jason Wayne DIKES in Case No. 2:11-mj-00314 KJN in the interests of justice pursuant to Rule 48(a).
Respectfully Submitted,
BENJAMIN B. WAGNER
United States Attorney
By: JASON HITT
Assistant U.S. Attorney
ORDER
For the reasons set forth in the motion to dismiss the Criminal Complaint filed by the United States, IT IS HEREBY ORDERED that:
1. The Criminal Complaint against Jason Wayne DIKES in Case No. 2:11-mj-00314 KJN is hereby DISMISSED pursuant to Federal Rule of Criminal Procedure 48(a).
Carolyn K. Delaney
United States Magistrate Judge