Case: 11-50507
05/25/2012
ID: 8192777
DktEntry: 8
Page: 1 of 5
IN THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, ) ) Plaintiff-Appellant, ) ) v. ) ) ENRIQUE FAUSTINO AGUILAR ) NORIEGA, et al., ) ) Defendants-Appellees. ) ) ______________________________) C.A. No. 11-50507 D. Ct. No. CR 10-1031-AHM (Cent. Dist. Calif.) GOVERNMENTS MOTION FOR VOLUNTARY DISMISSAL OF APPEAL; DECLARATION OF CURTIS A. KIN
Plaintiff-Appellant United States of America, through its counsel of record, the United States Attorney for the Central District of California, hereby withdraws its appeal filed with the United States Court of Appeals for the Ninth Circuit from the district court's order, entered December 1, 2011, granting the Defendants-Appellees motion to dismiss the indictment.
Case: 11-50507
05/25/2012
ID: 8192777
DktEntry: 8
Page: 2 of 5
Accordingly, based on the attached declaration of Curtis A. Kin, the government herein moves this Court for voluntary dismissal of its appeal in this matter pursuant to Rule 42(b) of the Federal Rules of Appellate Procedure. DATED: May 25, 2012 Respectfully submitted, ANDR BIROTTE JR. United States Attorney ROBERT E. DUGDALE Assistant United States Attorney Chief, Criminal Division /s/ Curtis A. Kin CURTIS A. KIN Assistant United States Attorney Chief, Criminal Appeals Section Attorneys for Plaintiff-Appellant UNITED STATES OF AMERICA
Case: 11-50507
05/25/2012
ID: 8192777
DktEntry: 8
Page: 3 of 5
DECLARATION OF CURTIS A. KIN I, Curtis A. Kin, hereby declare the following: 1. I am an Assistant United States Attorney for the United
States Attorneys Office in the Central District of California and serve as the Chief of the Criminal Appeals Section for my Office. I make this declaration in support of the government's
motion for voluntary dismissal of its appeal in United States v. Enrique Faustino Aguilar Noriega, et al., C.A. No. 11-50507. 2. On December 1, 2011, the district court in the Central
District of California entered an order granting the DefendantsAppellees motion to dismiss the indictment. On that same day,
the government filed a protective notice of appeal from that order. 2012. 3. After consideration of this matter within the United The governments opening brief is currently due June 1,
States Attorneys Office, the Criminal Division of the Department of Justice, and the Office of the Solicitor General, the United States Attorneys Office now moves to dismiss the governments appeal of the district courts order entered December 1, 2011. 4. On May 25, 2012, I spoke with Jan L. Handzlik, counsel
for Defendants-Appellees Lindsey Manufacturing Company and Keith E. Lindsey, and with Janet I. Levine, counsel for DefendantAppellee Steve K. Lee; both indicated they had no opposition to the governments motion for voluntary dismissal.
Case: 11-50507
05/25/2012
ID: 8192777
DktEntry: 8
Page: 4 of 5
5.
The Defendants-Appellees are not in custody.
I declare under penalty of perjury that the foregoing is true and correct. EXECUTED May 25, 2012, in Los Angeles, California.
/s/ Curtis A. Kin CURTIS A. KIN Assistant United States Attorney
Case: 11-50507
05/25/2012
ID: 8192777
DktEntry: 8
Page: 5 of 5
9th Circuit Case Number(s) 11-50507
NOTE: To secure your input, you should print the filled-in form to PDF (File > Print > PDF Printer/Creator).
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CERTIFICATE OF SERVICE When All Case Participants are Registered for the Appellate CM/ECF System
I hereby certify that I electronically filed the foregoing with the Clerk of the Court for the United States Court of Appeals for the Ninth Circuit by using the appellate CM/ECF system on (date) . May 25, 2012 I certify that all participants in the case are registered CM/ECF users and that service will be accomplished by the appellate CM/ECF system. Signature (use "s/" format) /s/ Curtis A. Kin
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CERTIFICATE OF SERVICE When Not All Case Participants are Registered for the Appellate CM/ECF System
I hereby certify that I electronically filed the foregoing with the Clerk of the Court for the United States Court of Appeals for the Ninth Circuit by using the appellate CM/ECF system on (date) . Participants in the case who are registered CM/ECF users will be served by the appellate CM/ECF system. I further certify that some of the participants in the case are not registered CM/ECF users. I have mailed the foregoing document by First-Class Mail, postage prepaid, or have dispatched it to a third party commercial carrier for delivery within 3 calendar days to the following non-CM/ECF participants:
Signature (use "s/" format)
