Free Motion to Dismiss - District Court of Connecticut - Connecticut

Case 3:02-cr-00341-EBB

Document 391

Filed 04/06/2005

Page 1 of 2

UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT UNITED STATES OF AMERICA v. ANGEL HERNANDEZ, DAVID BROWN, RICHARD BROWN, and NELSON DATIL, Defendants. : : : : : : : : : :

CRIMINAL NUMBER: 3:02CR341 (EBB) April 6, 2005

GOVERNMENT'S MOTION TO DISMISS COUNT 22 Pursuant to Rule 48(a) of the Federal Rules of Criminal Procedure, the United States, by the undersigned Assistant United States Attorneys, respectfully moves the Court for an Order dismissing Count 22 of the Third Superseding Indictment as to all named remaining defendants (Angel Hernandez and Nelson Datil). Counsel for defendant Nelson Datil has stated that his client does not object to this motion. The Government has not been able to ascertain the position of defendant Angel Hernandez with respect to this motion. Respectfully submitted, KEVIN J. O'CONNOR UNITED STATES ATTORNEY ________________________________ JONATHAN BIRAN ASSISTANT UNITED STATES ATTORNEY Federal Bar No. ct21922 MICHAEL S. McGARRY ASSISTANT UNITED STATES ATTORNEY Federal Bar No. ct25713 U.S. ATTORNEY'S OFFICE 157 Church Street, 23rd Floor New Haven, CT 06510 tel. (203) 821-3700

Case 3:02-cr-00341-EBB

Document 391

Filed 04/06/2005

Page 2 of 2

CERTIFICATE OF SERVICE This is to certify that a copy of the foregoing was sent by fax and U.S. mail, postage prepaid, this 6th day of April, 2005, to the following counsel of record: Richard S. Cramer, Esq. 449 Silas Deane Highway Wethersfield, CT 06109 (counsel for David Brown) Jeffrey Olgin, Esq. 74 Rose Hill Rd. Branford, CT 06405 (counsel for Angel Hernandez)

Michael S. Hillis, Esq. 129 Whitney Avenue New Haven, CT 06511 (counsel for Richard Brown)

Jonathan J. Einhorn, Esq. 412 Orange Street New Haven, CT 06511 (counsel for Nelson Datil)

___________________________ JONATHAN BIRAN ASSISTANT U.S. ATTORNEY