⚠ Recovered from a scanned original by OCR — check the official PDF before quoting exact language.
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF TEXAS 5555000) oy 1, ||
EL PASO DIVISION 15 JAN SPH
IN THE MATTER OF DISMISSAL § iEAN oI Ay OF TEXA
OF AN INDICTMENT OR § ee)
INFORMATION UPON MOTION § ALL CRIMINAL CASES
BY THE GOVERNMENT §
STANDING ORDER REGARDING DISMISSAL
OF AN INDICTMENT OR INFORMATION
UPON MOTION BY THE GOVERNMENT
Pursuant to Title 28 United States Code §636(b)(3), a United States Magistrate Judge
may be assigned such additional duties as are not inconsistent with the Constitution and laws of
the United States. Title 28 § 636 (b)(1)(A), in pertinent part, provides that a District Judge may
assign to a Magistrate Judge any pretrial matter pending before the court, “except a motion . . . to
dismiss or quash an indictment or information made by the defendant... .” Federal Rule of
Criminal Procedure, Rule 59(b)(1), provides that a District Judge may refer to a Magistrate Judge
“for recommendation a defendant’s motion to dismiss or quash an indictment or information . . .”
By implication, neither of the above-referenced provisions prevent a Magistrate Judge
from dismissing an indictment or information upon motion by the government.
IT IS THEREFORE ORDERED AND ADJUDGED that when a felony case is
referred by the District Judge to a Magistrate Judge for resolution by a misdemeanor plea and
sentencing, that Magistrate Judge is authorized to dismiss the pending indictment or information
upon motion by the government.
This Standing Order applies to any motion to dismiss an indictment or information filed
by the government on or after January 1, 2015, in a felony case resolved by a misdemeanor plea
before a Magistrate Judge.
IT IS SO ORDERED.
SIGNED ON THIS x DAY or pene 20 [Ss :
‘aa Gath fen aidan
PHILip RA\MARTINEX_ A / KATHLEAN CARDONE
UNITED STATES DISTRICT JUDGE ‘UNITED STATES DISTRICT JUDGE
Lun {LI ae tel —
FRANK MONTALVO Day C. GUADERRAMA
UNITED STATES DISTRICT JUDGE UNITED STATES DISTRICT JUDGE
DA ny {Lop
SENIOR UNITED STATES DISTRICT JUDGE
