Case 4:17-mj-00341-RCC-JR Document 156 Filed 02/26/20 Page 1 of 2

1 MICHAEL BAILEY
United States Attorney
2 ANNA WRIGHT
Assistant U.S. Attorney
3 NATHANIEL J. WALTERS
Assistant United States Attorney
4 State Bar No.: 029708
405 West Congress, Suite 4800
5 Tucson, Arizona 85701-5040
Telephone: (520) 620-7300
6 E-mail: anna.wright@usdoj.gov
E-mail: nathaniel.walters@usdoj.gov
7 Attorneys for Plaintiff
8 IN THE UNITED STATES DISTRICT COURT
9 FOR THE DISTRICT OF ARIZONA
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United States of America, 17-MJ-00341 -RCC (JR)
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Plaintiff,
12 GOVERNMENT’S MOTION TO DISMISS
vs. COUNT ONE WITH PREJUDICE
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14 Scott Daniel Warren,
15 Defendant.
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On November 20, 2019, this Court found the defendant guilty as to Count 1 of the
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Information, charging him with a violation of 50 C.F.R. § 35.5, Operating a Motor Vehicle
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in a Wilderness Area. (Doc. 145.) In doing so, the Court rejected the defendant’s Religious
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Freedom Restoration Act defense. (Doc. 114.) In the interests of justice, and pursuant to
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Fed. R. Crim. P. 48(a), the United States now respectfully moves for leave of the Court to
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dismiss Count 1 with prejudice. See United States v. Gonzalez, 58 F.3d 459, 462 (9th Cir.
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1995) (explaining that “even after a defendant has been convicted of a crime, a prosecutor
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may obtain a Rule 48(a) dismissal based on broad considerations of justice”) (citing United
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States v. Weber, 721 F.2d 266, 268 (9th Cir. 1983)).
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“[W]hen the government requests a Rule 48(a) dismissal in good faith, the district
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court is duty bound to honor the request.” United States v. Hayden, 860 F.2d 1483, 1488
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(9th Cir. 1988). “Indeed, in the category of cases in which the defendant consents to the
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prosecution’s request, there is a question as to whether a district court may ever deny an
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1 uncontested Rule 48(a) motion.” Gonzalez, 58 F.3d at 461. This motion is made in good
2 faith. Therefore, the United States respectfully requests that the Court grant leave to dismiss
3 Count 1 with prejudice in the interests of justice.
4 Undersigned counsel certify that they personally conferred with counsel for the
5 defendant, who does not object to this motion.
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7 MICHAEL BAILEY
United States Attorney
8 District of Arizona
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/s/ Anna R. Wright & Nathaniel J. Walters
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ANNA WRIGHT &
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NATHANIEL J. WALTERS
12 Assistant United States Attorneys
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14 Copy of the foregoing served electronically or by
other means this 26th day of February 2020, to:
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All ECF participants
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