Opinion
20-cr-20599
11-26-2024
UNITED STATES OF AMERICA, Plaintiff, v. D2, CORY JUSTIN MANN, and D8, RACHEL DIANE LOCRICCHIO, Defendants.
ORDER GRANTING GOVERNMENT'S UNOPPOSED MOTION TO VACATE FINDINGS MADE BY THE COURT AS TO FBI AGENT LUKE MIRABELLA ON MAY 15, 2024 (ECF No. 621)
MATTHEW F. LEITMAN, UNITED STATES DISTRICT JUDGE.
On May 15, 2024, the Court orally granted a motion by Defendants Cory Mann and Rachel Locricchio to dismiss the indictment. In connection with that ruling, the Court made certain factual findings concerning, among other things, FBI Agent Luke Mirabella, and the Court placed those findings on the record during the May 15, 2024 hearing. The Government has moved the Court to vacate its factual findings as to Agent Mirabella. (See Mot., ECF No. 621.) Mann and Locricchio have filed responses to the Government's response in which they (1) offer competing views of some of the matters addressed in the Government's motion but (2) state that they do not oppose the relief sought by the Government. (See Resps., ECF Nos. 623 & 624.) The Court has carefully reviewed the Government's motion and the Defendants' responses, and the Court is persuaded that the proper course of action under the circumstances is to VACATE the factual findings as to Agent Mirabella. Accordingly, the factual findings made by the Court on May 15, 2024, as to Agent Mirabella are VACATED.
IT IS SO ORDERED.