Free Motion to Dismiss - District Court of California - California

Case 3:07-cr-03251-JAH

Document 12

Filed 01/18/2008

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KAREN P. HEWITT United States Attorney JOSEPH J.M. ORABONA Assistant U.S. Attorney California State Bar No. 223317 United States Attorney's Office 880 Front Street, Room 6293 San Diego, California 92101-8893 Telephone: (619) 557-7736 Email: [email protected] Attorneys for Plaintiff United States of America

UNITED STATES DISTRICT COURT 10 SOUTHERN DISTRICT OF CALIFORNIA 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 v. RICARDO FLORES, Defendant. UNITED STATES OF AMERICA, Plaintiff, ) ) ) ) ) ) ) ) ) ) ) ) ) Criminal Case No. 07CR3251-JAH The Honorable John A. Houston

MOTION TO DISMISS INFORMATION WITHOUT PREJUDICE

COMES NOW the United States Attorney, Karen P. Hewitt, and Assistant U.S. Attorney, Joseph J.M. Orabona, and hereby moves this Court to dismiss, without prejudice, the Information filed against the above named defendant. On December 4, 2007, Ricardo Flores ("Defendant") waived Indictment and agreed to allow the United States to file an Information against Defendant. The Information charges Defendant with one count of being a deported alien found in the United States, in violation of 8 U.S.C. § 1326 (a) and (b). On December 4, 2007, Defendant was arraigned on the Information and entered a plea of not guilty. On or about December 20, 2007, Defendant informed the United States of his intent not to plead guilty. On December 27, 2007, a federal grand jury in the Southern District of California returned a three-count Indictment charging Defendant with one count of being a deported alien found

Case 3:07-cr-03251-JAH

Document 12

Filed 01/18/2008

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in the United States, in violation of 8 U.S.C. § 1326 (a) and (b), one count of unlawful possession of identification documents, in violation of 18 U.S.C. § 1028(a), and one count of fraud and misuse of an entry document, in violation of 18 U.S.C. § 1546(a). On December 28, 2007, Defendant was arraigned on the Indictment and pled not guilty. The court set a motion hearing and trial setting for January 22, 2008. The indicted case is criminal case no. 07CR3471-JAH. Since the United States will be proceeding in the indicted case, and in the interest of justice, the United States moves to dismiss, without prejudice, the Information, filed in criminal case no. 07CR3251-JAH, against defendant RICARDO FLORES. The United States will proceed against the defendant RICARDO FLORES in criminal case no. 07CR3471-JAH. DATE: January 18, 2008. Respectfully submitted, KAREN P. HEWITT United States Attorney /s/ Joseph J.M. Orabona JOSEPH J.M. ORABONA Assistant United States Attorney

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Case 3:07-cr-03251-JAH

Document 12

Filed 01/18/2008

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA

UNITED STATES OF AMERICA, 5 Plaintiff, 6 v. 7 RICARDO FLORES, 8 Defendant. 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 IT IS HEREBY CERTIFIED THAT:

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Case No. 07CR3251-JAH

CERTIFICATE OF SERVICE

I, Joseph J.M. Orabona, am a citizen of the United States and am at least eighteen years of age. My business address is 880 Front Street, Room 6293, San Diego, California 92101-8893. I am not a party to the above-entitled action. I have caused service of the United States' MOTION TO DISMISS INFORMATION WITHOUT PREJUDICE, as lead counsel for the United States, dated January 18, 2008, on the following parties by electronically filing the foregoing with the Clerk of the District Court using its ECF System, which electronically notifies them: 1. Zandra Lopez, Esq. 427 C Street, Suite 300 San Diego, California 92101 Tel: (619) 233-3169 Fax: (619) 684-3522 Email: [email protected] Lead Attorney for Defendant

I declare under penalty of perjury that the foregoing is true and correct. Executed on January 18, 2008. /s/ Joseph J.M. Orabona JOSEPH J.M. ORABONA Assistant United States Attorney

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