Opinion
22-CR-092-JFH
01-08-2024
UNITED STATES OF AMERICA, Plaintiff, v. TIMOTHY REVAE MCDONALD, Defendant.
OPINION AND ORDER
JOHN F. HEIL, III UNITEDSTATES DISTRICT JUDGE.
Before the Court is a sealed motion to dismiss indictment [Dkt. No. 2] without prejudice filed by the United States of America (“Government”). Dkt. No. 44.
Under Federal Rule of Criminal Procedure 48(a), “courts must grant prosecutors leave to dismiss charges unless dismissal is clearly contrary to manifest public interest.” United States v. Robertson, 45 F.3d 1423, 1437 n.14 (10th Cir. 1995) (quoting Rinaldi v. United States, 434 U.S. 22, 30 (1977)). Based on the facts set out in the sealed motion, the Court concludes that dismissal of the charges against Defendant is not contrary to the public interest, nor is it for an improper purpose. Accordingly, the Government's motion to dismiss should be granted.
IT IS THEREFORE ORDERED that the Government's motion to dismiss [Dkt. No. 44] is GRANTED and the indictment [Dkt. No. 2] is dismissed without prejudice against Defendant Timothy Revae McDonald.