USA v. Salvador et al

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UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF WASHINGTON

UNITED STATES OF AMERICA,

Plaintiff,

v.

NICHOLAS HENRY FULCHER (5),

Defendant.

No. 2:23-CR-00046-MKD-5

ORDER GRANTING UNITED
STATES’ MOTION TO DISMISS
INDICTMENT

ECF No. 305

Before the Court is the United States’ Motion to Dismiss Indictment, ECF
No. 305. The United States moves the Court to dismiss the Indictment, ECF No. 1,
pursuant to Fed. R. Crim. P. 48(a). Fed. R. Crim P. 48(a) provides that “[t]he
government may, with leave of court, dismiss an indictment, information, or
complaint.” The United States represents that Defendant Nicholas Henry
Fulcher (5) died on or about November 20, 2023, in Sea-Tac, Washington. The
Court has reviewed the record and the motion and finds good cause grant leave to
dismiss the Indictment as to Defendant Fulcher (5).

FILED IN THE
U.S. DISTRICT COURT
EASTERN DISTRICT OF WASHINGTON
SEAN F. MCAVOY, CLERK
Nov 27, 2023
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Accordingly, IT IS HEREBY ORDERED:
1. The United States’ Motion to Dismiss Indictment, ECF No. 305, is
GRANTED.
2. The Indictment, ECF No. 1, is DISMISSED WITH PREJUDICE as
to Defendant Fulcher (5) as to Counts 1 and 2.
3. As to Defendant Fulcher (5), any hearings set are STRICKEN, and
any pending motions are DENIED AS MOOT.
IT IS SO ORDERED. The Clerk’s Office is directed to enter this Order and
provide copies to counsel, the United States Probation Office, the United States
Marshals Service and CLOSE the file as to Defendant Fulcher (5).
DATED November 27, 2023.

s/Mary K. Dimke
MARY K. DIMKE
UNITED STATES DISTRICT JUDGE

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