Opinion
Crim. No. 05-484 DAD.
February 16, 2006
McGREGOR W. SCOTT, United States Attorney, MATTHEW C. STEGMAN Assistant U.S. Attorney, JOHN S. GATSCHET, Certified Student, Misdemeanor Unit, Sacramento, California.
GOVERNMENT'S MOTION TO DISMISS WITHOUT PREJUDICE AND ORDER
Pursuant to Rule 48(a) of the Federal Rules of Criminal Procedure, plaintiff United States of America, by and through its undersigned attorney, hereby moves this Honorable Court for an Order dismissing without prejudice Criminal Case Number 5-484 DAD. The defendant is seeking Deferred Entry of Judgment and the Government is unwilling to agree to such a disposition. The Government would consider having the case handled in state court because the Government feels that California Penal Code 1203.4 best articulates the defendant's interest in a possible expungement after successful completion of probation.
Because there are only eleven days remaining under the Speedy Trial Act there is insufficient time to work out these issues.
ORDER
IT IS SO ORDERED.