Free Motion to Dismiss - District Court of Colorado - Colorado

Case 1:03-cr-00279-EWN

Document 134

Filed 03/28/2006

Page 1 of 3

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

Criminal Case No. 03-cr-00279-EWN UNITED STATES OF AMERICA, Plaintiff, v. 1. LELAND JEREMY LOPEZ, Defendant.

GOVERNMENT'S MOTION TO DISMISS THE INDICTMENT

The United States of America, by William J. Leone, United States Attorney for the District of Colorado, through Suneeta Hazra, Assistant United States Attorney, moves the Court to enter an Order, pursuant to Rule 48(a) dismissing the Indictment as to this Defendant and vacating the status conference set for March 30, 2006 at 2:45 p.m. The Tenth Circuit upheld this Court's decision granting the defendant's motion to suppress. Without the evidence that was the subject of the motion, the United States cannot proceed to trial.

Case 1:03-cr-00279-EWN

Document 134

Filed 03/28/2006

Page 2 of 3

Respectfully submitted, WILLIAM J. LEONE United States Attorney

By: /s/ SUNEETA HAZRA Suneeta Hazra Assistant U.S. Attorney U.S. Attorney's Office 1225 17 th St., Ste. 700 Denver, CO 80202 Telephone: 303-454-0200 Fax: 303-454-0403 E-mail: [email protected] Attorney for Government Assistant U.S. Attorney

Case 1:03-cr-00279-EWN

Document 134

Filed 03/28/2006

Page 3 of 3

CERTIFICATE OF SERVICE I hereby certify that on this 28 th day of March, 2006, I electronically filed the foregoing GOVERNMENT'S MOTION TO DISMISS THE INDICTMENT with the Clerk of the Court using the CM/ECF system which will send notification of such filing to the following e-mail addresses: William Herringer, Esq. [email protected]

s/ Donna Summers DONNA SUMMERS Legal Assistant U.S. Attorney's Office 1225 17th Street, Suite 700 Denver, CO 80202 Phone (303) 454-0100 Fax (303) 454-0406 E-mail address: [email protected]