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

1 2 3 4 5 6 7 8 9 10 11 12 13

DANIEL G.KNAUSS United States Attorney District of Arizona TIMOTHY T. DUAX Assistant U.S. Attorney Arizona State Bar No. 012694 Two Renaissance Square 40 North Central Avenue, Suite 1200 Phoenix, Arizona 85004-4408 Telephone: (602) 514-7500 [email protected]

UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA United States of America CR-03-1167-PHX-DGC Plaintiff, v. George E. Walters, Defendant. The United States of America, by and through its attorney undersigned, hereby requests AMENDED MOTION TO DISMISS INDICTMENT AND ORDER

14 that this Court dismiss Counts 1, 2, 7 and 43 of the Second Superseding Indictment, against this 15 defendant only, with prejudice. 16 The United States has determined, due to post-indictment events, that there is no longer 17 a reasonable likelihood of convicting the defendant on the above-referenced counts of the 18 Second Superseding Indictment. Furthermore, undersigned counsel was recently contacted by 19 Thomas Hoidal, attorney for the defendant, and Mr. Hoidal stated that the defendant was 20 considering turning himself in, either in Arizona, or in Nevada, where charges were also pending 21 against the defendant. Therefore, in consideration of the government's determination that there 22 is no reasonable likelihood of convicting Mr. Walters, and to avoid the defendant being arrested 23 or detained as a result of the pendency of such charges, the United States .believes a dismissal 24 of Counts 1, 2, 7 and 43 of the Second Superseding Indictment with prejudice would be in the 25 interests of justice at this time. 26 // 27 // 28 1
Case 2:03-cr-01167-DGC Document 1431 Filed 06/15/2007 Page 1 of 3

1

It is not expected that excludable delay under 18 U.S.C. § 3161 will occur as a result of

2 this motion or an order based thereon. 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 2
Case 2:03-cr-01167-DGC Document 1431 Filed 06/15/2007 Page 2 of 3

Respectfully submitted this15th day of June, 2007. DANIEL G. KNAUSS United States Attorney District of Arizona S/ Timothy T. Duax TIMOTHY T. DUAX Assistant United States Attorney

1 :

I hereby certify that on June 15, 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:

2 Pat Gitre David Chesnoff 3 Brian Russo 4 Thomas Hoidal 5 David Ochoa
Jose Padilla Robert Storrs Barbara Lynn Hull Philip Seplow

6 C. Kenneth Ray,II 7 Loyd Tate 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

Carmen Fischer Philip Hantel Michael Ryan Jerry Matthew Hernandez Mark A. Paige Joseph Abodeely

3
Case 2:03-cr-01167-DGC Document 1431 Filed 06/15/2007 Page 3 of 3