Can a federal district court refuse to grant a motion to dismiss an indictment?

MultiRegion, United States of America

The following excerpt is from U.S. v. Mejia-Cendejas, 29 F.3d 636 (9th Cir. 1994):

However, a district court has limited discretion to refuse to grant the government's motion to dismiss an indictment. "[A] district court under Rule 48(a) has discretion to deny a government's dismissal motion if that motion is prompted by considerations clearly contrary to the public interest ... or if the dismissal would contribute to prosecutorial harassment by subjecting a defendant to charging, dismissing and recharging." United States v. Wallace, 848 F.2d 1464, 1468 (9th Cir.1988) (internal quotations omitted). "A fundamental consideration in assessing the propriety of a prosecutor's dismissal motion is whether the motion is made in 'good faith.' " Id.

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