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Case 2:11-cr-01102-SRB Document 47 Filed 10/19/11

ANN BIRMINGHAM SCHEEL
Acting United States Attorney District of Arizona

FREDERICK A. BATTISTA
Assistant U.S. Attorney
Maryland State Bar Member
Two Renaissance Square
40 North First Avenue, Suite 1200
Phoenix, Arizona 85004
Telephone: (602) 514-7500
Fred.Battista@usdoj.gov

UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA

United States of America
CR-11-1102-01-PHX-SRB
Plaintiff, GOVERNMENT’S MOTION TO
v. DISMISS
Donald Lapre,
Defendant.

The United States, by and through undersigned counsel, hereby moves that this case against defendant Donald Lapre be dismissed, with prejudice, for the following reasons. At approximately 8:30 a.m., on October 02, 2011, the U.S. Marshals Service was notified that defendant Donald Lapre was found deceased in his cell at the Corrections Corporation of America Detention Center located in Florence, Arizona. Life saving measures attempted by CCA Detention staff were met with negative results. The Florence Emergency Medical Service and Police Department were called and responded to the facility. The Florence Police Department has assumed investigative responsibility in this matter. The nature and cause of death are being investigated by the Florence Police Department and the U.S. Marshals Service. It is believed that the cause of defendant’s death was suicide.

Undersigned counsel has contacted Pat Gitre, counsel for defendant, and she has no objection to this motion.

Case 2:11-cr-01102-SRB Document 47 Filed 10/19/11 Page 2 of 2

It is not expected that excludable delay under 18 U.S.C. § 3161(h) will occur as a result

of this motion or an order based thereon.

Respectfully submitted this 19th day of October, 2011.

ANN BIRMINGHAM SCHEEL Acting United States AttorneyDistrict of Arizona

S/Frederick A. Battista

FREDERICK A. BATTISTA Assistant U.S. Attorney

 

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