U.S. v. Rivera-Castro

Full title: UNITED STATES OF AMERICA, Plaintiff, v. RAUL ADOLFO RIVERA-CASTRO…

Court: United States District Court, D. Kansas

Date published: Jun 27, 2006

Case No. 05-40082-01-RDR (D. Kan. Jun. 27, 2006)

Opinion

Case No. 05-40082-01-RDR.

June 27, 2006

ORDER

RICHARD ROGERS, Senior District Judge

Now on this 27^th day of June, 2006, the above-entitled matter comes before the Court upon the motion of the government for an order dismissing the original Indictment against this defendant. The Court has carefully reviewed the motion and is now prepared to rule.

The Court finds that, pursuant to the plea agreement entered into by the parties, the government should have moved to dismiss the original indictment at the conclusion of the sentencing hearing. The government failed to make such a motion at the conclusion of the sentencing hearing and has, therefore, filed a written motion to dismiss the original Indictment.

IT IS THEREFORE ORDERED that the motion of the government to dismiss the original Indictment in the above-captioned case is granted.

IT IS SO ORDERED.