Opinion
Case No. CR.S-04-275 LKK (Magistrate Appeal), CA 56/04-50018.
October 3, 2005
McGREGOR W. SCOTT, United States Attorney, SAMANTHA S. SPANGLER, Assistant U.S. Attorney, Sacramento, California.
MOTION TO DISMISS COMPLAINT AND [PROPOSED] ORDER
Plaintiff United States of America hereby moves to dismiss this case pursuant to Rule 48(a) of the Federal Rules of Criminal Procedure.
The defendant was convicted by Magistrate Judge Kellison on July 12, 2004 following a court trial. She promptly appealed to the district court. On May 17, 2005, this Court reversed the conviction and remanded for a new arraignment. On May 19, 2005, the government filed a notice of appeal. On September 27, 2005, the Ninth Circuit granted the government's motion to dismiss the appeal. On September 29, 2005, the district court clerk filed the Ninth Circuit's order, which is the mandate.
The next step in the process is for the clerk to effectuate this Court's remand order. However, that step is unnecessary if the Court grants this motion to dismiss the complaint.
ORDER
The Complaint in Case No. CA 56/04-50018 is hereby ordered DISMISSED.