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

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PAUL K. CHARLTON United States Attorney District of Arizona KEVIN M. RAPP Assistant U.S. Attorney Arizona State Bar No. 014249 Two Renaissance Square 40 N. Central Avenue, Suite 1200 Phoenix, Arizona 85004-4408 Telephone: (602) 514-7500 [email protected]

UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA United States of America CR-01-0232-03-PHX-ROS Plaintiff, v. Aaron Scarborough; aka Malik Richardson, aka Ceddy, Defendant. Pursuant to Rule 48(a) of the Federal Rules of Criminal Procedure, the United States of GOVERNMENT'S MOTION TO DISMISS INDICTMENT

16 America, by and through undersigned counsel, hereby moves this Court for an order dismissing 17 the Indictment against the defendant, Aaron Scarborough, without prejudice. It is believed that 18 the interests of justice will best be served by this dismissal, as the evidence to secure a 19 conviction is no longer available. 20 21 It is also requested quashing the outstanding arrest warrant as to the above named defendant. Excludable delay under 18 U.S.C. § 3161 will not occur as a result of this motion or an order

22 based thereon. Respectfully submitted this _____ day of January, 2006. 23 24 25 26 27 28 KEVIN M. RAPP Assistant U.S. Attorney PAUL K. CHARLTON United States Attorney District of Arizona

Case 2:01-cr-00232-ROS

Document 132

Filed 01/05/2006

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