Free Motion to Dismiss - District Court of Colorado - Colorado

Case 1:00-cr-00510-LTB

Document 55

Filed 10/15/2007

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Criminal Case No. 00-cr-00510-LTB-01 UNITED STATES OF AMERICA, Plaintiff, v. 1. CONRADO VALENZUELA a/k/a "Conrado Gaxiola-Valenzuela, Defendant.

GOVERNMENT'S MOTION TO DISMISS THE INDICTMENT AS TO DEFENDANT VALENZUELA

The United States of America, by and through its undersigned Assistant United States Attorney for the District of Colorado, hereby moves, pursuant to Rule 48(a), Fed. R. Crim. P., to dismiss the indictment as to the three referenced defendants, showing unto the Court as follows: 1. This defendant was released prior to trial on a personal surety bond and absconded from this District. A bench warrant for his arrest remains active at this time. His present whereabouts are unknown, but it is believed that he fled to the Republic of Mexico. 2. This case involved a traffic stop and the subsequent seizure of a large quantity of cocaine from a load vehicle being driven by this defendant by then Colorado State Patrol (CSP) Trooper Reb Cox. Trooper Cox has since retired and, unfortunately, is suffering from a memory degrading

Case 1:00-cr-00510-LTB

Document 55

Filed 10/15/2007

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disease. Trooper Cox was alone at the time of the traffic stop. He observed the probable cause for the traffic stop, obtained the subsequent verbal consent to search the vehicle from this defendant, and conducted the search leading to the discovery of the drugs. Thus, he is an indispensable witness to the successful prosecution of this case. In light of these developments, the Government will not be able to proceed with the prosecution of this case. WHEREFORE, the Government hereby moves to dismiss the indictment as to this defendant and to quash the bench warrant for his arrest. Respectfully submitted this 15th day of October, 2007, TROY A. EID United States Attorney

By: s/ James R. Boma JAMES R. BOMA Assistant United States Attorney U.S. Attorney's Office 1225 17th Street, Suite 700 Denver, CO 80202 Telephone: (303) 454-0100 FAX: (303) 454-0401 E-mail: [email protected] Attorney for Government

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Case 1:00-cr-00510-LTB

Document 55

Filed 10/15/2007

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CERTIFICATE OF SERVICE I certify that on this 15th day of October, 2007, I electronically filed the foregoing GOVERNMENT'S MOTION TO DISMISS THE INDICTMENT AS TO DEFENDANT VALENZUELA with the Clerk of the Court using the CM/ECF system which will send notification of such filing to the following e-mail addresses: Gary Francis Pirosko [email protected] Larry S. Pozner [email protected],[email protected],lteater@litigationcolorad o.com

and I hereby certify that I have mailed or served the document or paper to the following non-CM/ECF participants in the manner indicated: TFO Pamela Johnson, DEA, Colorado Springs (719) 866-6053

s/Lisa Vargas LISA VARGAS Legal Assistant to James R. Boma Assistant United States Attorney United States Attorney's Office 1225 Seventeenth Street, Suite 700 Denver, Colorado 80202 Telephone: (303) 454-0100 FAX: (303) 454-0409 E-mail: [email protected]

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