Case 3:07-cr-03070-L
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Filed 01/02/2008
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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. EDUARDO MARTINEZ-VALDEZ, Defendant. UNITED STATES OF AMERICA, Plaintiff, ) ) ) ) ) ) ) ) ) ) ) ) ) Criminal Case No. 07CR3070-L The Honorable M. James Lorenz
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 November 15, 2007, 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 November 15, 2007, Defendant was arraigned on the Information and entered a plea of not guilty. On or about December 18, 2007, Defendant informed the United States of his intent not to plead guilty. On December 19, 2007, the United States obtained an Indictment charging 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
Case 3:07-cr-03070-L
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Filed 01/02/2008
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December 20, 2007, Defendant was arraigned on the Indictment and pled not guilty. The indicted case is criminal case no. 07CR3401-L. 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. 07CR3070-L, against defendant EDUARDO MARTINEZ-VALDEZ. The United States will proceed against the defendant EDUARDO MARTINEZ-VALDEZ in criminal case no. 07CR3401-L. DATE: January 2, 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-03070-L
Document 16
Filed 01/02/2008
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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA
UNITED STATES OF AMERICA, 5 Plaintiff, 6 v. 7 EDUARDO MARTINEZ-VALDEZ, 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. 07CR3070-L
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 COMPLAINT WITHOUT PREJUDICE, as lead counsel for the United States, dated December 31, 2007, 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. Greg Murphy, Esq. Federal Defenders of San Diego, Inc. 225 Broadway, Suite 900 San Diego, California 92101 Tel: (619) 234-8467 Email: [email protected] Lead Attorney for Defendant
I declare under penalty of perjury that the foregoing is true and correct. Executed on January 2, 2008. /s/ Joseph J.M. Orabona JOSEPH J.M. ORABONA Assistant United States Attorney
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