United States v. Penaloza

Full title: UNITED STATES OF AMERICA, Plaintiff, v. DAGOBERTO FRANCO PENALOZA…

Court: United States District Court, Eastern District of California

Date published: Sep 2, 2021

1:20-MJ-00038 EPG (E.D. Cal. Sep. 2, 2021)

Opinion

1:20-MJ-00038 EPG

09-02-2021

UNITED STATES OF AMERICA, Plaintiff, v. DAGOBERTO FRANCO PENALOZA, Defendant.

PHILLIP A. TALBERT Acting United States Attorney KAREN A. ESCOBAR Assistant United States Attorney Attorneys for Plaintiff United States of America.

ERICA P. GROSJEAN U.S. MAGISTRATE JUDGE.

PHILLIP A. TALBERT Acting United States Attorney KAREN A. ESCOBAR Assistant United States Attorney Attorneys for Plaintiff United States of America.

GOVERNMENT MOTION TO DISMISS AND ORDER THEREON

ERICA P. GROSJEAN U.S. MAGISTRATE JUDGE.

The United States of America, by and through its undersigned counsel, hereby moves for dismissal of the above-captioned matter for the following reason.

At the time that the government sought the complaint and issuance of a warrant in this matter for a violation of 18 U.S.C. §1071, we anticipated the filing of state charges. However, the Merced County District Attorney's Office has not made a charging decision on the underlying case in this matter. It is therefore requested that this matter be dismissed and the arrest warrant that issued herein be recalled.

ORDER

IT IS ORDERED this 2 day of September, 2021.