United States v. Juan Ramon Matta, A/K/A Juan Ramon Matta Ballesteros

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• upholding the dismissal of an indictment without prejudice under Rule 40(a) because the government’s reasons for dismissal did not go to merits of indictment, and there was no showing that such dismissal was sought in bad faith or to harass the defendant
• “In rule 48(a) dismissals . . . , the government is entitled to a presumption of good faith.”
• “In rule 48(a) dismissals and subsequent indictments, the government is entitled to a pre- sumption of good faith.”
• “To overcome the presumption of good faith, the defendant must show that the initial dismissal was in bad faith . . . .”
• “In rule 48(a) dismissals and subsequent indictments, the government is entitled to a presumption of good faith.”
• “To overcome the presumption of good faith, the defendant must show that the initial dismissal was in bad faith, or that the defendant has been prejudiced in his ability to challenge the prosecutor’s motives because the government failed to articulate its reasons for the dismissal.”

Source: CourtListener parenthetical corpus (CC0).