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

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PAUL K. CHARLTON United States Attorney District of Arizona Daniel R. Drake Assistant U.S. Attorney Arizona State Bar No. 003781 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-04-1018-PHX-JAT Plaintiff, v. Pat Chee Miller, Defendant. The United States moves the Court to enter an order dismissing the indictment as to Pat MOTION TO DISMISS AS TO PAT CHEE MILLER

15 Chee Miller. Mr. Miller was involved in a motor vehicle accident several months ago in which 16 he sustained serious injuries. He has been unable to assist in his defense since the accident 17 because of those injuries. He was not expected to recover sufficiently to proceed to trial. 18 Counsel undersigned has been advised that Mr. Miller has died, but has not received 19 confirmation of that fact. In either event, the government makes this motion to terminate the 20 proceedings against Mr. Miller. 21 Counsel undersigned has been advised that Brian Russo, Mr. Miller's lawyer, does not 22 oppose the granting of the relief requested herein. 23 24 ///// 25 26 ///// 27 28

Case 2:04-cr-01018-JAT

Document 111

Filed 12/08/2005

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Excludable delay under 18 U.S.C. § 3161(h) may occur as a result of this motion or an

2 order based thereon. 3 4 5 6 /S/ 7 8 9
CERTIFICATE OF SERVICE

Respectfully submitted this 8th day of December, 2005. PAUL K. CHARLTON United States Attorney District of Arizona

DANIEL R. DRAKE Assistant U.S. Attorney

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Brian Russo Attorney for Pat Chee Miller I hereby certify that on December 8, 2005, 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:

Case 2:04-cr-01018-JAT

Document 111

Filed 12/08/2005

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