Rinaldi v. United States
434 U.S. 22 (1977) Cited 445 times 2 Legal AnalysesHolding that the district court abused its discretion by refusing to grant Rule 48 motion to dismiss indictment even though defendant had already been convicted and sentenced
U.S. v. Gonzalez
58 F.3d 459 (9th Cir. 1995) Cited 51 times 1 Legal AnalysesFinding abuse of discretion where trial court refused to grant government's motion to dismiss one of three counts made at the time of sentencing against a cooperating defendant who pleaded guilty and would otherwise be subject to deportation
United States v. Hamm
659 F.2d 624 (5th Cir. 1981) Cited 75 timesHolding trial court erred by denying government's motion to dismiss because government acted in good faith in moving to dismiss based on defendants' cooperation in providing evidence against leaders of drug-smuggling conspiracy
United States v. Derr
726 F.2d 617 (10th Cir. 1984) Cited 68 timesHolding that when the Government obtained leave to dismiss charges against the defendant on the day of trial over the defendant's objection, the Government was barred from recharging the defendant when its reason for seeking dismissal was that it was "dissatisfied with the state of the investigation" and wanted to investigate further
U.S. v. Strayer
846 F.2d 1262 (10th Cir. 1988) Cited 39 timesStating that the purpose of the rule was to protect the criminal defendant from prosecutorial harassment and allow courts to consider the public interest at stake, the fair administration of justice, and the preservation of judicial integrity when evaluating a motion to dismiss