Free Motion to Dismiss All Charges - District Court of Arizona - Arizona

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DANIEL G. KNAUSS United States Attorney District of Arizona RACHEL C. HERNANDEZ Assistant U.S. Attorney Arizona State Bar 016543 Two Renaissance Square 40 N. Central Ave, Ste. 1200 Phoenix, Arizona 85004 Telephone (602) 514-7500 [email protected]

UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA United States of America, CR 01-0245-PHX-PGR Plaintiff, v. Jason G. Torres, Defendant. The United States, by and through undersigned counsel, hereby moves this court to dismiss the indictment without prejudice. On March 21, 2001, defendant was indicted on two counts of Unlawful Possession of a Stolen Firearm in violation of 18 U.S.C. §§922(j) and 924(a)(2) committed on February 1, 2001. In May, 2001, Jason G. Torres was arrested in San Antonio, Texas and an Identity Hearing was held. It was determined at that hearing that the individual arrested was in fact Jason G. Torres, however he was not the person wanted for the indicted crimes. Apparently Mr. Torres was the victim of identity theft when his wallet was stolen some time earlier. On or about May 30, 2001, as a result of the information revealed at the hearing, the warrant was removed from criminal databases and the United States Attorney's Office was notified and agreed to move to dismiss the indictment. Due to a clerical error, the motion was never filed. Law enforcement agencies have been unsuccessful in their attempts to identify the name of the true suspect.
MOTION TO DISMISS (without prejudice)

Case 2:01-cr-00245-PGR

Document 4

Filed 06/12/2007

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In light of the lack of evidence as to the true name and identity of the defendant, the case

2 should be dismissed without prejudice. The court, in determining whether to dismiss with or 3 without prejudice, shall consider each of the following factors: the seriousness of the offense, 4 the facts and circumstances of the case which led to the dismissal and the impact of a 5 reprosecution on the administration of this chapter and on the administration of justice. 18 6 U.S.C. §3162 (a)(1). The decision to dismiss with or without prejudice is within the discretion 7 of the district judge. United States v. White, 864 F.2d 660, 661 (9th Cir. 1988). 8 9 10 11 s/Rachel C. Hernandez 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
I hereby certify that on this date, I electronically transmitted the attached document to the Clerk's Office using the CM/ECF System for filing.

Respectfully submitted this 11th day of June, 2006. DANIEL G. KNAUSS United States Attorney District of Arizona

RACHEL C. HERNANDEZ Assistant U.S. Attorney

Case 2:01-cr-00245-PGR

Document 4

Filed 06/12/2007

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