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Case 1:19-cr-00490-RMB
J8RSEPS1
discontinuance by the prosecutor of
Document 53
Filed 09/03/19
all
or of
Page 6 of 86 6
the
a part of
case that he or she has commenced.
The government in its motion concludes that
death abates these proceedings.
Criminal
Rule of
hearing and I
Procedure 57(b),
de
notified the victims
opportunity to be heard before any
That
that every time.
Also,
any judgment of
that the government's proposed order appears,
substance,
Federal
Rule of
is the purpose also of
recognized that
that
final action on
today's proceeding. I
Mr.
Epstein's
In accordance with Federal
termined to hold a public
they would be given th
the motion.
would do
to be appropriate.
Criminal
Epstein,
nolle prosegqui process.
states in relevant part that
the court,
and that leave o
as an amendment
originally provided
the government.
dismiss an indic
to the original
conviction against him had been obtained,
Procedure 48(a)
It is entitled dismissal,
Epstein died before
and
in form and
codifies the
and it
the government may,
tment,
dr
int
f the court proviso,
a
Formation,
you should know,
Ft of
Rule 48,
with leave of
or complaint,
was added
which had
This proviso,
toward an independent judicial assessment of
for automatic dismissal
in my judgment,
interest in dismissing the indictment.
this case,
the standard of
court review
is
al
upon the motion of
early directed
Thus,
is deferential,
F the public
even whereas, in
the
SOUTH
ERN
D
STR
CT R
G
iPORT
ERS,
(212)
805-0300
DOJ-OGR-00000644
