Free Motion to Dismiss Counts (Less Than All) - District Court of Arizona - Arizona


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Date: January 20, 2006
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State: Arizona
Category: District Court of Arizona
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PAUL K. CHARLTON United States Attorney District of Arizona TIMOTHY F. ANDREW S Assistant United States Attorney 4035 South Avenue A Yuma,, Arizona 85365 Arizona State Bar No. 021658 Telephone (928) 344-1087 Email: [email protected]

UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA United States of America, CR-02-614-PHX-SRB Plaintiff. v. 1. Francisco Olivarez Arvizu Sr., 2. Manuel Lopez-Garcia, 3. Richard Dean Morgan, Defendants. The United States of America, by and through undersigned counsel, hereby moves the court for an order dismissing without prejudice counts one and two of the indictment as to all defendants in CR-02-614-PHX-SRB. The effect the order would be to dismiss the entire indictment against defendants Manuel Lopez-Garcia and Richard Dean Morgan. On January 12, 2006, the government was made aware of evidence that seriously undermines its ability to prove counts one and two of the indictment beyond a reasonable doubt. Having further inquired into the matter, the government submits that this dismissal is in the interests of justice. Respectfully submitted this 20 th day 2006. PAUL K. CHARLTON United States Attorney District of Arizona s/ TIMOTHY FRANCISCO ANDREWS Assistant United States Attorney GOVERNMENT'S MOTION TO DISMISS

Case 2:02-cr-00614-SRB

Document 59

Filed 01/20/2006

Page 1 of 2

1 2 3 4 5 6 7 8 by: s/ Timothy Andrews 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 Case 2:02-cr-00614-SRB Document 59 Filed 01/20/2006 Page 2 of 2 Lose Lerma Attorney for defendant Manuel Lopez 33 N. Tucson Blvd. Tucson, AZ 85716 Gail Gianasi Natale Attorney for defendant Richard Morgan 817 N. 2 nd Street Phoenix, AZ 85004 I certify that, on January 20, 2006, I 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: