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United States v. Pearce

United States District Court, E.D. California
Oct 3, 2005
Case No. CR.S-04-275 LKK (Magistrate Appeal), CA 56/04-50018 (E.D. Cal. Oct. 3, 2005)

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.


Summaries of

United States v. Pearce

United States District Court, E.D. California
Oct 3, 2005
Case No. CR.S-04-275 LKK (Magistrate Appeal), CA 56/04-50018 (E.D. Cal. Oct. 3, 2005)
Case details for

United States v. Pearce

Case Details

Full title:UNITED STATES OF AMERICA, Plaintiff, v. KRISTINE BETTY PEARCE, Defendant

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

Date published: Oct 3, 2005

Citations

Case No. CR.S-04-275 LKK (Magistrate Appeal), CA 56/04-50018 (E.D. Cal. Oct. 3, 2005)