Free Motion to Dismiss Complaint or Violation Notice - District Court of Colorado - Colorado

Case 1:00-mj-01247-PAC

Document 4

Filed 06/13/2006

Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Criminal Case No. 00-mj-01247-PAC UNITED STATES OF AMERICA, Plaintiff, v. 1. TIRSO JARALILLO-LOYOLA, Defendant.

MOTION TO DISMISS COMPLAINT WITHOUT PREJUDICE

The United States, by and through Assistant United States Attorney Matthew T. Kirsch, hereby moves to dismiss, without prejudice, the Complaint charging the defendant with unlawful flight to avoid prosecution, pursuant to Rule 48(a) of the Federal Rules of Criminal Procedure. In support, the government says: 1. Rule 48(a) of the Federal Rules of Criminal Procedure allows the government to dismiss a Complaint with leave of court. A court should grant a motion made pursuant to this rule "unless dismissal is clearly contrary to manifest public interest." United States v. Romero, 360 F.3d 1248, 1251 (10th Cir. 2004). The public interest is generally implicated only when the dismissal constitutes prosecutorial harassment. Id. 2. In this case, state law enforcement authorities are continuing their efforts to locate

Case 1:00-mj-01247-PAC

Document 4

Filed 06/13/2006

Page 2 of 2

the defendant and the government does not believe maintaining the instant charges furthers the interest of justice. THEREFORE, the government respectfully requests that the Complaint against TIRSO JARALILLO-LOYOLA be dismissed without prejudice. Respectfully submitted this 13 th day of June, 2006.

WILLIAM J. LEONE United States Attorney

s/ Matthew T. Kirsch MATTHEW T. KIRSCH Assistant U.S. Attorney 1225 17th Street, Suite 700 Denver, CO 80202 Telephone 303-454-0100 Facsimile 303-454-0402 Email: [email protected]