1:25-cr-10393•USA v. Baez-Soto
Full text
United States District Court
District of Massachusetts
United States of America,
V.
Garis Baez Soto,
Defendant .
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Criminal Action No.
25-10393-NMG
MEMORANDUM & ORDER
GORTON, J.
In November , 2025, the government moved to dismiss all
counts against defendant Garis Baez Soto ("Soto u or "defendant u )
without prejudice (Docket No . 19) . The Court granted that
motion (Docket No . 21). Defendant thereafter moved to dismiss
with prejudice (Docket No . 22) , which the government opposed
(Docket No. 23) . For the reasons that follow , defendant ' s
motion will be denied .
While a district court has discretion to mandate dismissal
with prejudice , that drastic remedy is usually reserved for
cases in which the government acted in bad faith. See United
States v. Suazo , 14 F . 4th 70, 75 (1st Cir . 2021) (collecting
cases) . The Court finds that the government did not act in bad
faith in seeking dismissal without prejudice . The cases
defendant proffers in support of his motion are factually
distinguishable and demonstrate examples of prosecutorial bad
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Case 1:25-cr-10393-NMG Document 24 Filed 12/29/25 Page 1 of 3faith that are not present in the instant case , e . g . the government ignoring the district court ' s warning that it was concerned about the government ' s pattern of prosecuting and deporting defendants and would consider dismissal with prejudice should it continue. In the instant case , absent any evidence to the contrary , the Court presumes that the government acted in good faith. See Suazo , 14 F . 4th at 73 . Defendant also argues that his Sixth Amendment rights were violated when he was deported while criminal charges were pending . The Court finds that defendant was not prejudiced in preparing a defense . The government promptly dismissed the indictment when defendant , because of his deportation , was unable to participate meaningfully in his defense . He will not face the charges in the indictment unless he returns to the United States and is arrested , at which point he would have the constitutional right once again to participate in his own defense . The Court has no reason to believe defendant will be prejudiced in preparing a defense should that become necessary in the future . - 2 - Case 1:25-cr-10393-NMG Document 24 Filed 12/29/25 Page 2 of 3
.. ORDER For the reas o ns stated above , the Cour t will not mandate dismissal with prejudice . Defendant ' s moti o n (Docket No . 22 ) is DENIED. So ordered. Nathaniel M. Gorfun Sen i or United States District Judge Dated : December l'f , 2025 - 3 - Case 1:25-cr-10393-NMG Document 24 Filed 12/29/25 Page 3 of 3
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