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

1 2 3 4 5 6

DANIEL G. KNAUSS United States Attorney District of Arizona EMORY T. HURLEY Assistant U.S. Attorney Two Renaissance Square 40 North Central Avenue, Suite 1200 Phoenix, Arizona 85004-4408 Arizona Bar Number 014812 Telephone (602) 514-7500 [email protected]

UNITED STATES DISTRICT COURT 7 DISTRICT OF ARIZONA 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 The United States of America, by and through it attorneys undersigned, respectfully requests, pursuant to Rule 48(a) of the Federal Rules of Criminal Procedure, that this Honorable Court enter an order dismissing, without prejudice, the Indictment as to defendants DANIEL MARTIN-LOZADA and ANABEL LOPEZ, in the interest of justice. The defendants are fugitives and subject to arrest warrants issued by this Court. Since the time of the defendants' indictment, a number of witnesses necessary to the prosecution of the instant case have become unavailable, in part due to their status as illegal aliens. In light of the diminished evidence available and the proportionately diminished likelihood of conviction, the interests of justice are no longer served by proceeding with the case against these two defendants. Further, the United States respectfully requests that this Honorable Court quash the warrants issued against the defendants in relation to this matter on October 1, 2004. v. Daniel Martin-Lozada, and Anabel Lopez, Defendants. United States of America, CR-04-1070-PHX-DGC Plaintiff, MOTION TO DISMISS INDICTMENT

Case 2:04-cr-01070-DGC

Document 138

Filed 08/09/2007

Page 1 of 2

1 2 3 4 5 6 7 8 9 10

It is expected that excludable delay under 18 U.S.C. § 3161 may occur as a result of this motion or an order based thereon. Respectfully submitted this 9 th day of August, 2007. DANIEL G. KNAUSS United States Attorney District of Arizona s/ Emory T. Hurley EMORY T. HURLEY Assistant U.S. Attorney

CERTIFICATE OF SERVICE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 S/Emory T. Hurley I hereby certify that on August 9, 2007, I electronically transmitted the attached document to the Clerk's Office using the CM/ECF system for filing and transmittal of a Notice of Electronic Filing to the following CM/ECF registrants: Jose Luis Mendoza, Jerry Matthew Hernandez, Michael John Smith, Nicholas Merlin Alcock, and Michael Reeves.

Case 2:04-cr-01070-DGC

Document 138

Filed 08/09/2007

Page 2 of 2