Free Motion to Dismiss - District Court of Colorado - Colorado

Case 1:00-cr-00149-LTB

Document 114

Filed 11/15/2007

Page 1 of 3

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Criminal Case No. 00-cr-00149-LTB-01 UNITED STATES OF AMERICA, Plaintiff, v. 1. HOMERO C. TAPIA, Defendant.

GOVERNMENT'S MOTION TO DISMISS THE INDICTMENT

COMES NOW, the United States of America, by and through its undesigned Assistant United States Attorney for the District of Colorado, and hereby moves, pursuant to paragraph I. A of its plea agreement with this defendant, to dismiss with prejudice the referenced Indictment, showing unto the Court as follows: 1. On July 11, 2003, this defendant executed a plea agreement with the Government in which he agreed to and did enter a guilty plea to a one count Information previously filed in this matter. In turn, the Government agreed to dismiss with prejudice the Indictment in this case. It is anticipated that this plea agreement will be accepted by the Court at the sentencing hearing in this matter on Friday, November 16, 2007. 2. At the conclusion of the sentencing hearing, the Government intends to move for the dismissal with prejudice of the instant indictment as to this defendant and has prepared a proposed Order for the Court's consideration in this regard.

Case 1:00-cr-00149-LTB

Document 114

Filed 11/15/2007

Page 2 of 3

Respectfully submitted this 15th day of November, 2007, TROY A. EID UNITED STATES ATTORNEY

By: s/ James R. Boma JAMES R. BOMA Assistant U.S. Attorney U.S. Attorney's Office 1225 17th St., Suite 700 Denver, CO 80202 Telephone: (303) 454-0100 Fax: (303) 454-0401 E-mail: [email protected] Attorney for Government

-2-

Case 1:00-cr-00149-LTB

Document 114

Filed 11/15/2007

Page 3 of 3

CERTIFICATE OF SERVICE I certify that on this 15th day of November, 2007, I electronically filed the foregoing GOVERNMENT'S MOTION TO DISMISS THE INDICTMENT with the Clerk of the Court using the CM/ECF system which will send notification of such filing to the following e-mail addresses: Robert William Pepin [email protected],[email protected] and I hereby certify that I have mailed or served the document or paper to the following non- CM/ECF participants in the manner indicated:

U.S. Probation Officer Susan M. Heckman Via fax to (303) 844-5439

s/Lisa Vargas LISA VARGAS Legal Assistant to James R. Boma Assistant United States Attorney United States Attorney's Office 1225 Seventeenth Street, Suite 700 Denver, Colorado 80202 Telephone: (303) 454-0100 FAX: (303) 454-0409 E-mail: [email protected]