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

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DANIEL G. KNAUSS United States Attorney District of Arizona EMORY T. HURLEY Assistant U.S. Attorney Two Renaissance Square 40 North Central Avenue, Suite 1200 Phoenix, Arizona 85004-4408 Arizona Bar Number 014812 Telephone (602) 514-7500 [email protected]

UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA United States of America, Plaintiff, v. Christopher Fernandez, Defendant. CR 04-884-PHX-FJM MOTION TO DISMISS INDICTMENT

The United States of America, by and through it attorneys undersigned, respectfully requests, pursuant to Rule 48(a) of the Federal Rules of Criminal Procedure, that this Honorable Court enter an order dismissing, without prejudice, the Indictment only as to defendant CHRISTOPHER FERNANDEZ, in the interest of justice. Based on the current state of the available evidence, the United States does not believe that there is a reasonable likelihood of conviction as to defendant FERNANDEZ. As such, the interests of justice are not served by proceeding with this prosecution. Mr. Adrian Fontes, counsel for defendant FERNANDEZ, does not oppose this motion. /// /// /// /// /// ///

Case 2:04-cr-00884-FJM

Document 55

Filed 05/16/2007

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It is not expected that excludable delay under 18 U.S.C. § 3161 will occur as a result of this motion or of an order based thereon. Respectfully submitted this 16th day of May, 2007. DANIEL G. KNAUSS United States Attorney District of Arizona /s/ Emory T. Hurley EMORY T. HURLEY Assistant U. S. Attorney
CERTIFICATE OF SERVICE

I hereby certify that on May 16, 2007, I electronically transmitted the attached document to the Clerk's Office using the CM/ECF System for filing and transmittal of a Notice of Electronic Filing to the following CM/ECF registrants: Adrian Fontes /s/ Emory Hurley EMORY T. HURLEY Assistant U.S. Attorney

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Case 2:04-cr-00884-FJM

Document 55

Filed 05/16/2007

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