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

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PAUL K. CHARLTON United States Attorney District of Arizona Howard D. Sukenic Assistant U.S. Attorney Arizona State Bar No. 011990 Howard. [email protected] Two Renaissance Square 40 N. Central Avenue, Suite 1200 Phoenix, Arizona 85004-4408 Telephone: (602) 514-7500

UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA United States of America, CR-04-420-PHX-SRB Plaintiff, v. Geronimo Garza, Sr., aka Geronimo Bejerano Garza Defendant. GOVERNMENT'S MOTION TO DISMISS INDICTMENT DUE TO DEFENDANT'S SUCCESSFUL COMPLETION OF PRETRIAL DIVERSION

The United States of America, by and through undersigned counsel, upon receipt of Certificate of Completion of Pretrial Diversion Program from Gilbert R. Lara, U.S. Pretrial Services Officer Assistant, 1/ moves to dismiss the charges alleged in the indictment, as to this defendant only, on the date when the Agreement For Pretrial Diversion expires. 2/ Excludable delay under 18 U.S.C. § 3161(h) may occur as a result of this motion or an order based thereon.

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Undersigned counsel also spoke with Mr. Lara at length. Defendant has been very compliant and has also paid over $5,000.00 of the restitution owed. Given defendant's age and circumstances, the government believes that this was a reasonable effort on the part of the defendant and it is understood that the defendant has a continuing obligation to make restitution payments as per his Agreement For Pretrial Diversion.
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The agreement expires on August 22, 2006.

Case 2:04-cr-00420-SRB

Document 113

Filed 08/15/2006

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Respectfully submitted this 15th day of August, 2006. PAUL K. CHARLTON United States Attorney District of Arizona

Howard D. Sukenic Assistant U.S. Attorney

I hereby certify that on August 15, 2006, 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: Milagros A. Cisneros Assistant Federal Public Defender 850 W . Adams St., Ste 201 Phoenix, AZ 85007

s/ Howard D. Sukenic Howard D. Sukenic

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Case 2:04-cr-00420-SRB

Document 113

Filed 08/15/2006

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