Free Motion to Dismiss All Charges - District Court of Arizona - Arizona

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DANIEL G. KNAUSS United States Attorney District of Arizona ANN BIRMINGHAM SCHEEL Assistant U.S. Attorney Two Renaissance Square 40 N. Central Avenue, Suite 1200 Phoenix, Arizona 85004-4408 Arizona State Bar No. 011399 Telephone (602) 514-7500 [email protected]

UNITED STATES DISTRICT COURT 7 DISTRICT OF ARIZONA 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 /// /// /// 7. 8. v. John Doe #1, and aka: No Love John Doe #2, aka: Fresh Defendants. The United States of America by and through its undersigned attorneys hereby move to dismiss the indictment in this matter as it pertains to the above-named defendants without prejudice. The defendants were indicted on September 28, 2004. Arrest warrants for these defendants have remained outstanding in excess of three years. There exist no current leads suggesting the defendants' identities, whereabouts or apprehension of the above-captioned defendants. The government therefore moves for the dismissal of the indictment as it pertains to the above-named defendants without prejudice and that any outstanding arrests warrants be quashed. United States of America, CR-04-1050-PHX-JAT Plaintiff, MOTION TO DISMISS INDICTMENT WITHOUT PREJUDICE

Case 2:04-cr-01050-JAT

Document 185

Filed 05/05/2008

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Excludable delay under 18 U.S.C. § 3161(h) motion and order based thereon. Respectfully submitted 5th day of May, 2008.

will occur as a result of this

DIANE J. HUMETEWA United States Attorney District of Arizona S/ Ann Birminham Scheel ANN BIRMINHAM SCHEEL Assistant U.S. Attorney

I hereby certify that on May 5, 2008 I electronically transmitted the attached document to the Clerk's Office using the CM/ECF system for filing.

s/ Myra Braskett

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Case 2:04-cr-01050-JAT

Document 185

Filed 05/05/2008

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ____________________________________ HONORABLE JAMES A. TEILBORG United States District Judge Based upon the United States of America's Motion to Dismiss and good cause appearing; IT IS ORDERED dismissing the indictment, without prejudice, as to the above-captioned defendants. IT IS FURTHER ORDERED quashing the outstanding arrest warrant as to the abovenamed defendants. IT IS FURTHER ORDERED that excludable delay under 18 U.S.C.§ 3161(h) is found to commence on Dated this for a total of day of days. , 2008. 8. 7. v. John Doe #1, and aka: No Love John Doe #2, aka: Fresh Defendants. United States of America, CR-04-1050-PHX-JAT Plaintiff, ORDER UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA

Case 2:04-cr-01050-JAT

Document 185

Filed 05/05/2008

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