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STEPHANIE YONEKURA
Acting United States Attorney
ROBERT E. DUGDALE
Assistant United States Attorney
Chief, Criminal Division
SUSAN J. DE WITT (Cal. Bar No. 132462)
CHRISTOPHER D. GRIGG (Cal. Bar No. 220243)
Deputy Chief, National Security Section
ALLEN W. CHIU (Cal. Bar No. 240516)
Assistant United States Attorneys
National Security Section
1300 United States Courthouse
312 North Spring Street
Los Angeles, California 90012
Telephone: (213) 894-4496/5429
Facsimile: (213) 894-6436
E-mail: susan. dewi tt@usdoj . gov
christopher. grigg@usdoj . gov
allen. chiu@usdoj . gov
ANNAMARTINE SALICK (N.Y. Bar No. 5076385)
Trial Attorney
United States Department of Justice
Counterterrorism Section
Attorneys for Plaintiff
UNITED STATES OF AMERICA
UNITED STATES DISTRICT COURT
FOR THE CENTRAL DISTRICT OF CALIFORNIA
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UNITED STATES OF AMERICA, ED No. CR 12-00092 (B) -VAP
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~opoedJ ORDER ON STIPULATION
RE: GOVERNMENT'S CONDITIONAL
NOTICE OF INTENT TO MOVE TO
DISMISS COUNTS TWO AND FOUR OF THE
SECOND SUPERSEDING INDICTMENT AS
TO DEFENDANT RALPH KENNETH DELEON
ONLY
Plaintiff,
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v.
21 SOHIEL OMAR KABIR, et al.,
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Defendants.
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25 The Court has considered the stipulation submitted by the
26 government and defendant Ralph Kenneth Deleon regarding the
27 government's conditional notice of its intent to move, at the time of
28 sentencing, to dismiss Counts Two and Four of the SSI as to defendant
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Case 5:12-cr-00092-VAP Document 698 Filed 10/17/14 Page 1 of 2 Page ID #:10716
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1 Deleon only (the "Stipulation"), which was filed with the Court on
2 October 17, 2014. Based on the facts contained in the Stipulation
3 and the agreement of counsel, and GOOD CAUSE APPEARING:
4 1. The government will move to dismiss Counts Two and Four of
5 the SSI as against defendant Deleon only no later than the date of
6 sentencing, which is currently set for February 23, 2015, if on or
7 before the date of sentencing, the Court denies defendants' post-
8 trial motions, including any motions for a new trial.
9 2. The seventy-day time period typically required for the
10 commencement of a retrial following a declaration by the trial judge
11 of a mistrial, as set forth in 18 U.S.C. 3161(e), shall run
12 following the Court's ruling on defendants' post-trial motions, which
13 shall be construed as "the date the action occasioning the retrial
14 becomes final."
15 3. The status conference set by the Court for inquiry of the
16 government regarding Counts Two and Four of the SSI as to defendant
17 Deleon is continued from October 20, 2014 to February 9, 2015, which
18 is the current hearing date for defendants' motions for a new trial.
19 IT is SO ORDERED.
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21 Dated: ()~tobif \11oi0 Ct ?L\
HO 0 ABLE VIRGINIA A. PHILLIPS
U I ED STATES DISTRICT JUDGE
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Case 5:12-cr-00092-VAP Document 698 Filed 10/17/14 Page 2 of 2 Page ID #:10717