Free Motion to Dismiss - District Court of Colorado - Colorado

Case 1:04-cr-00187-LTB

Document 833-2

Filed 06/12/2006

Page 1 of 1

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Criminal Case No. 04-cr-00187-LTB-05 UNITED STATES OF AMERICA, Plaintiff, v. 5. JAVIER E. AVITIA, Defendant.

ORDER GRANTING GOVERNMENT'S MOTION TO DISMISS COUNT ONE OF THE SUPERSEDING INDICTMENT AS TO DEFENDANT JAVIER E. AVITIA ONLY

THIS MATTER comes before the Court on the Government's referenced motion, and this Court, after having the opportunity to review this pleading, its file in this matter, and being otherwise fully advised in the premises, it is hereby: ORDERED AND ADJUDGED that the Motion, for good cause shown, should be and is hereby GRANTED. THEREFORE, pursuant to the Government's plea agreement with this defendant, Count One of the Superseding Indictment is hereby DISMISSED WITH PREJUDICE as to this defendant only. DONE AND ORDERED this _____ day of June, 2006. BY THE COURT:

__________________________________ CHIEF JUDGE LEWIS T. BABCOCK UNITED STATES DISTRICT COURT DISTRICT OF COLORADO