Summary
dismissing the indictment after the Government conceded negligence based on presumptive prejudice created by a five-year delay
Summary of this case from United States v. FerryOpinion
No. 02-0206-01-CR-W-SOW.
October 10, 2008
ORDER
Before the Court are the Report and Recommendation to Grant Defendant's Motion to Dismiss the Indictment for Post-Indictment Delay and the Government's Objection to the Report and Recommendation.
The Report and Recommendation of Magistrate Robert E. Larsen in this case is both thorough and well-reasoned. This Court agrees with this recommendation and sees no reason to comment further. Accordingly, it is hereby
ORDERED that defendant's Motion to Dismiss the Indictment (Doc. #22) is granted.