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United States v. Brown

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS


January 22, 2010

UNITED STATES OF AMERICA, PLAINTIFF,
v.
KEVIN J. BROWN, DEFENDANT.

The opinion of the court was delivered by: Proud, Magistrate Judge

ORDER

On January 22, 2010, the defendant appeared for arraignment. The government moved to voluntarily dismiss the indictment. (Doc. 6). The government also orally moved to unseal the motion, which had been inadvertently filed under seal. There was no objection by the defendant.

The dismissal of an indictment upon motion of the government is within the prerogative of a magistrate judge. 28 U.S.C. § 636(b)(1)(A).

IT IS THEREFORE ORDERED that the government's oral motion to unseal the motion to dismiss is GRANTED. The Clerk shall unseal the motion (Doc. 6).

IT IS FURTHER ORDERED that the government's motion to dismiss the indictment (Doc. 6) is GRANTED. The Clerk of Court shall enter judgment accordingly.

IT IS SO ORDERED.

CLIFFORD J. PROUD U. S. MAGISTRATE JUDGE

20100122

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