Opinion
Case No. 2:09-mj-00028 GGH
09-20-2011
UNITED STATES OF AMERICA, Plaintiff, v. ANTHONY SMERNES,
Respectfully Submitted, BENJAMIN B. WAGNER United States Attorney By: 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 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 Anthony SMERNES pursuant to Federal Rule of Criminal Procedure 48(a). The Criminal Complaint against SMERNES was filed on January 26, 2009.
Based upon the government's ongoing investigation in this case and the result of extensive negotiation between the parties, the undersigned hereby moves to dismiss the Criminal Complaint in Case No. 2:09-mj-00028 GGH in the interests of justice pursuant to Rule 48(a). The parties anticipate that SMERNES will later enter a guilty plea after a negotiated plea agreement is finalized.
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 in Case No. 2:09-mj-00028 GGH is hereby DISMISSED pursuant to Federal Rule of Criminal Procedure 48(a).
Gregory G. Hollows
UNITED STATES MAGISTRATE JUDGE