Free Motion to Dismiss Counts - District Court of Colorado - Colorado

Case 1:03-cr-00214-WDM

Document 312

Filed 05/16/2006

Page 1 of 3

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Hon. Walker D. Miller Criminal Case No. 03-cr-000214-WDM UNITED STATES OF AMERICA, Plaintiff, v. 1. JOSE ALFREDO PRIETO, Defendant. ___

MOTION TO DISMISS COUNTS 1 AND 4 OF THE INDICTMENT AND THE SUPERSEDING INDICTMENT

The United States of America, by and through the undersigned Assistant United States Attorney, moves this Court, pursuant to Rule 48(a) of the Federal Rules of Criminal Procedure, to enter an Order dismissing without prejudice Count 1 and 4 of the original Indictment and the Superseding Indictment against the defendant, Jose Alfredo Prieto only. The government makes this request pursuant to a plea agreement with defendant which resulted in a plea of "guilty" by the defendant on March 15, 2005. Counsel for the defendant has been advised of this motion and does not object.

Case 1:03-cr-00214-WDM

Document 312

Filed 05/16/2006

Page 2 of 3

WHEREFORE, the government requests this Court dismiss without prejudice Counts 1 and 4 of the original Indictment and the Superseding Indictment against the defendant, Jose Alfredo Prieto only.

Respectfully submitted, WILLIAM J. LEONE United States Attorney

By: s/Jaime A. Pena JAIME A. PENA Assistant United States Attorney U.S. Attorney's Office 1225 17th Street, Suite 700 Denver, CO 80202 Telephone: 303-454-0100 Fax: 303-455-0409 E-mail: [email protected]

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Case 1:03-cr-00214-WDM

Document 312

Filed 05/16/2006

Page 3 of 3

CERTIFICATE OF SERVICE I certify that on this 16th day of May, 2006, I electronically filed the foregoing MOTION TO DISMISS COUNTS 1 AND 4 OF THE INDICTMENT AND THE SUPERSEDING INDICTMENT with the Clerk of the Court using the CM/ECF system which will send notification to the following e-mail addresses: Charles W. Elliott [email protected] and I hereby certify that I have mailed or served the document or paper to the following nonCM/ECF participants in the manner indicated: U.S.P.O. U.S. Probation, District of Colorado s/ Debbie Azua-Dillehay DEBBIE AZUA-DILLEHAY Legal Assistant to JAIME PENA 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 Email: [email protected]