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

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PAUL K. CHARLTON United States Attorney District of Arizona TRACEY A. BARDORF Assistant U.S. Attorney Two Renaissance Square 40 N. Central Avenue, Suite 1200 Phoenix, Arizona 85004-4408 Arizona State Bar No. 020623 Telephone (602) 514-7500 [email protected]

UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA United States of America, Plaintiff-Respondent, v. Jose Espiridion Efrain Jamies-Salgado, aka Angel Reyes-Gonzalez, Defendant-Movant. On September 16, 2004, an Information was lodged against defendant, charging him with CR-04-1010-EHC-PHX CV-04-3052-EHC-PHX (HCE) MOTION TO DISMISS INFORMATION

16 Illegal Reentry After Deportation. [Dkt # 4] Defendant pled guilty to the charge on that same 17 date. [Dkt # 7] On December 29, 2004, defendant filed a Motion to Vacate, Set Aside, or 18 Correct Sentence pursuant to 28 U.S.C. § 2255, claiming that, notwithstanding the factual 19 assertions to which he plead guilty, he was not deported on the date set forth in the Information 20 and in the plea agreement. [Dkt # 13] In its Supplemental Response to defendant's motion, the 21 government conceded that the evidence in defendant's alien file did not support his deportation 22 on the date alleged in the Information and set forth in the plea agreement. [Dkt # 28] However, 23 the government sought permission to amend the Information and provide a factually supported 24 date of deportation because the evidence in the alien filed demonstrated that defendant was in 25 fact deported from the United States prior to his voluntary presence in the United States on the 26 date of his arrest. [Dkt # 28] On August 21, 2006, this Court granted the motion to vacate 27 sentence and denied the government permission to file an amended Information. [Dkt #31] 28

Case 2:04-cr-01010-EHC

Document 35

Filed 01/29/2007

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1 Based on that Order, the government hereby moves this Court for an order dismissing the 2 Information in this case. 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2
Certificate of Service I hereby certify that on January 29, 2007, I electronically transmitted the attached document to the Clerk's Office using the CM/ECF System for filing and mailed a copy of the attached document to: Patrick McGillicuddy, Esq.

Respectfully submitted this 29th day of January, 2007.

PAUL K. CHARLTON United States Attorney District of Arizona /S/ Tracey Bardorf Assistant U.S. Attorney

Case 2:04-cr-01010-EHC

Document 35

Filed 01/29/2007

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