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United States v. Webber

United States District Court, Ninth Circuit, California, E.D. California
Mar 30, 2015
2:12-cr-0095 WBS (E.D. Cal. Mar. 30, 2015)

Opinion

          BENJAMIN B. WAGNER, United States Attorney, JASON HITT, Assistant United States Attorney, Sacramento, CA, Attorneys for Plaintiff United States of America.


          GOVERNMENT'S MOTION TO DISMISS THE INDICTMENT AGAINST DEFENDANT KEVIN WEBBER AND [PROPOSED] ORDER [Fed. R. Crim. P. 48(a)]

          WILLIAM B. SHUBB, District Judge.

         The United States of America, by and through its attorney of record, Assistant United States Attorney Jason Hitt, hereby moves for an order dismissing the Indictment against defendant Kevin WEBBER pursuant to Federal Rule of Criminal Procedure 48(a). This motion is made in the interests of justice based upon the following:

1. On October 27, 2014, the United States and defendant Kevin WEBBER, by and through his counsel, Jan Karowsky, Esq., entered into a Deferred Prosecution Agreement. Under the Agreement, the United States agreed to defer prosecution for a period of up to six months. If the defendant was successful under the Agreement, the United States agreed to dismiss the Indictment against him. The Court was advised of the Agreement through a pleading submitted on October 21, 2014, Docket No. 79, and the Court set a further status conference date of April 20, 2015, at 9:30 a.m. (Docket No. 83.)

2. On March 25, 2015, Pretrial Services Officer Daryl Walker emailed the parties to report that the defendant has been compliant with all of his Pretrial Diversion conditions with no issues to report since October 27, 2014.

3. The defendant has now satisfied the conditions for dismissal of the Indictment set forth in the Pretrial Diversion Agreement. For these reasons, the United States moves the Court to enter an Order dismissing the pending Indictment against defendant Kevin WEBBER in Case No. 2:12-cr-0095 WBS in the interests of justice pursuant to Rule 48(a) and consistent with the terms of the Pretrial Diversion Agreement.

          ORDER

         For the reasons set forth in the motion to dismiss filed by the United States, IT IS HEREBY ORDERED that:

         The Indictment against defendant Kevin WEBBER in Case No. 2:12-cr-00095 WBS is hereby DISMISSED pursuant to Federal Rule of Criminal Procedure 48(a). As a result of the Court's Order, the status conference set for April 20, 2015, at 9:30 a.m. is VACATED.


Summaries of

United States v. Webber

United States District Court, Ninth Circuit, California, E.D. California
Mar 30, 2015
2:12-cr-0095 WBS (E.D. Cal. Mar. 30, 2015)
Case details for

United States v. Webber

Case Details

Full title:UNITED STATES OF AMERICA, Plaintiff, v. KEVIN WEBBER, Defendant.

Court:United States District Court, Ninth Circuit, California, E.D. California

Date published: Mar 30, 2015

Citations

2:12-cr-0095 WBS (E.D. Cal. Mar. 30, 2015)