Free Motion to Dismiss Counts (Less Than All) - District Court of Arizona - Arizona

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

PAUL K. CHARLTON United States Attorney District of Arizona JOHN R. LOPEZ IV Assistant U.S. Attorney Two Renaissance Square 40 N. Central Avenue, Suite 1200 Phoenix, Arizona 85004 State Bar #: 019182 Telephone: (602) 514-7500 [email protected]

UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA United States of America CR-03-1098-PHX-EHC Plaintiff, v. Jeanette B. Wilcher, Defendant. Pursuant to Rule 48(a) of the Federal Rules of Criminal Procedure, the United States of America, by and through undersigned counsel, hereby moves this court for an order dismissing Count 8 of the Superseding Indictment against the defendant, without prejudice. The government requests that, for the reasons set forth in the attached Memorandum, Count 8 of the Superseding Indictment be dismissed in the best interest of justice. Excludable delay under 18 U.S.C. 3161(h)(1)(J) will occur as a result of this motion and order based thereon. Respectfully submitted this 16 th day of November, 2006. PAUL K. CHARLTON United States Attorney District of Arizona s/ John R. Lopez IV JOHN R. LOPEZ IV Assistant U.S. Attorney MOTION TO DISMISS COUNT 8 OF THE SUPERSEDING INDICTMENT (without prejudice)

Case 2:03-cr-01098-EHC

Document 252

Filed 11/16/2006

Page 1 of 3

1 2 3 I.

MEMORANDUM PROCEDURAL BACKGROUND On October 23, 2003, Defendant was charged in the Indictment with two counts of wire

fraud (Counts 1 & 8) and six counts of money laundering. On October 6, 2004, the Court 4 severed Count 8. On October 7, 2004, Defendant was charged in the Superseding Indictment, 5 which included the original two counts of wire fraud (Counts 1 & 8) and six counts of money 6 laundering. On April 14, 2006, Defendant was convicted by a jury of Counts 1 - 7. Count 8 of 7 the Superseding Indictment was severed from Counts 1 -7. On November 13, 2006, the Court 8 sentenced Defendant to 92 months imprisonment. 9 II. GROUNDS FOR DISMISSAL 10 The government submits that Defendant's conviction and sentence of imprisonment on 11 Counts 1-7 adequately punish and deter her. The government submits that a trial on Count 8 of 12 the Superseding Indictment would not represent a judicious use of government resources. 13 However, as Defendant has announced her intention to appeal her conviction and sentence on 14 Counts 1-7 of the Superseding Indictment, the government requests that the Court dismiss Count 15 8 without prejudice. 16 Deborah Euler-Ajayi, counsel for Defendant, has no objection to this motion. 17 18 19 20 21 s/ John R. Lopez IV 22 23 24 25 26 27 28 2 JOHN R. LOPEZ IV Assistant U.S. Attorney PAUL K. CHARLTON United States Attorney District of Arizona Respectfully submitted this 16 th day of November, 2006.

Case 2:03-cr-01098-EHC

Document 252

Filed 11/16/2006

Page 2 of 3

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 3 CERTIFICATE OF SERVICE I hereby certify that on November 16, 2006, 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: Deborah Euler-Ajayi Asst. Federal Public Defender 850 W. Adams Street, Suite 201 Phoenix, Arizona 85007 Attorney for Defendant / S/ JOHN R. LOPEZ IV

Case 2:03-cr-01098-EHC

Document 252

Filed 11/16/2006

Page 3 of 3