Opinion
CR21-140 RAJ
07-28-2023
UNITED STATES OF AMERICA, Plaintiff v. TANNER TOMLINSON, Defendant.
ORDER TERMINATING DEFENDANT'S PARTICIPATION IN DREAM PROGRAM AND DISMISSING CRIMINAL CHARGES BASED ON SUCCESSFUL COMPLETION OF DREAM PROGRAM
The Honorable Richard A. Jones United States District Judge
On May 9, 2022, the Defendant entered a guilty plea to Count 1 of the Indictment charging him with theft of government property. Dkt. 48. The plea was entered pursuant to a plea agreement. Dkt. 50. Subsequent to entry of the guilty plea, the Defendant was accepted to participate in the Drug Reentry Alternative Model (DREAM) program. Dkt. 54. The Defendant executed a contract memorializing his acceptance and participation in the program. Dkt. 55.
The DREAM Executive Review Team, including the undersigned United States District Judge, have determined that the Defendant has successfully complied with the program requirements set forth in the DREAM contract. Having made this determination, the Court hereby orders that:
1. Defendant's participation in the DREAM program is terminated;
2. On Defendant's request, his previously entered guilty plea is withdrawn pursuant to Federal Rule of Criminal Procedure 11(d)(2)(B), with the Court finding a fair and just reason having been demonstrated by Defendant's successful completion of the DREAM program; and
3. On motion of the government under Federal Rule of Criminal Procedure 48(a), the criminal charges filed against the Defendant in the above-captioned case are dismissed with prejudice with good cause having been shown by Defendant's successful completion of the DREAM program.