Free Motion to Dismiss - District Court of Colorado - Colorado

Case 1:00-cr-00310-WYD

Document 433

Filed 08/31/2007

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Criminal Case No. 00-cr-00310-WYD-04

UNITED STATES OF AMERICA, Plaintiff, v. 4. RICARDO GONZALEZ, 7. LUIS CARLOS PADILLA, and 8. JOSE ANGEL LOPEZ-DELATORRE, Defendants.

GOVERNMENT'S MOTION TO DISMISS THE INDICTMENT AS TO DEFENDANTS GONZALEZ, PADILLA AND LOPEZ -DELATORRE ONLY

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. As the Court is aware, the lead defendant in this case, Michael Marcus, fled this District following his change of plea hearing, but prior to sentencing in this matter. At present, a bench warrant remains active for his arrest. 2. Prior to his flight, Michael Marcus was cooperating with the Government and was scheduled to be a primary witness against the three defendants identified above. With the passage of considerable time and the unavailability of defendant Marcus to testify at trial, the Government has

Case 1:00-cr-00310-WYD

Document 433

Filed 08/31/2007

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reviewed its remaining case in this matter and concludes that it cannot establish guilt beyond a reasonable doubt as to these three defendants. 3. Therefore, the Government seeks leave to dismiss the indictment as to these three defendants only. Defendants Padilla and Lopez-Delatorre have not yet been arrested, while defendant Gonzalez was transported from his place of incarceration, U.S. Penitentiary, Leavenworth, Kansas, earlier this year for his initial appearance in this case. Understandably, counsel for defendant Gonzalez does not oppose the relief requested herein. A proposed Order for the Court's consideration has been attached. WHEREFORE, the Government hereby moves to dismiss the indictment as to the three defendants only and moves to quash the arrest warrants as to defendants Padilla and Lopez-Delatorre. Respectfully submitted this 31st day of August, 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 2

Case 1:00-cr-00310-WYD

Document 433

Filed 08/31/2007

Page 3 of 3

CERTIFICATE OF SERVICE I hereby certify that on this 14th day of April, 2006, I electronically filed the foregoing GOVERNMENT'S MOTION TO DISMISS THE INDICTMENT AS TO DEFENDANTS GONZALEZ, PADILLA AND LOPEZ -DELATORRE ONLY with the Clerk of the Court using the CM/ECF system which will send notification of such filing to the following e-mail addresses: Mitchell Baker [email protected] Richard James Banta [email protected],[email protected] J. Michael Dowling [email protected] Dennis W. Hartley [email protected] Neil E. MacFarlane [email protected] John F. Sullivan , III [email protected] and I hereby certify that I have mailed or served the document or paper to the following non CM/ECF participants in the manner (mail, hand delivery, etc.) indicated by the nonparticipant's name: S/A Nancy Coover, IRS-CI (Via fax to (719) 226-3230

s/ Lisa Vargas LISA VARGAS Legal Assistant to James R. Boma U.S. Attorney's Office 1225 17th Street, Suite 700 Denver, CO 80202 Phone: (303) 454-0254 Fax: (303) 454-0401 E-mail address: [email protected]

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