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DISTRICT COURT OF THE VIRGIN ISLANDS DIVISION OF ST. THOMAS AND ST. JOHN UNITED STATES OF AMERICA, Plaintiff, v. CALVIN BENJAMIN, DEAN THOMPSON, STEPHEN BERNIER, Defendants. ) ) ) ) ) Criminal No. 2017-17 ) ) ) ) ) ) ) ) ATTORNEYS: Joycelyn Hewlett, Acting United States Attorney Sigrid Tejo-Sprotte, AUSA Meredith Jean Edwards, AUSA United States Attorney’s Office St. Thomas, U.S.V.I. For the United States of America, Omodare Jupiter, FPD Brendan A. Hurson, AFPD Office of the Federal Public Defender St. Thomas, U.S.V.I. For Calvin Benjamin, Alex Omar Rosa-Ambert Rosa-Ambert Law Offices San Juan, PR For Dean Thompson, Darren John-Baptiste St. Thomas, U.S.V.I. For Stephen Bernier. Case: 3:17-cr-00021-CVG-RM Document #: 126 Filed: 12/28/17 Page 1 of 3 United States v. Benjamin, et al. Criminal No. 2017-21 Order ORDER GÓMEZ, J. Before the Court is the motion of the United States to dismiss the Superseding Indictment as to Dean Thompson (“Thompson”). On May 18, 2017, the Grand Jury returned a two-count Indictment charging Thompson with conspiracy to possess with intent to distribute narcotics in violation of 21 U.S.C. § 846 and possession with intent to distribute narcotics in violation of 21 U.S.C. § 841(a)(1). On July 27, 2017, the Grand Jury returned a four-count Superseding Indictment charging Thompson with conspiracy to possess with intent to distribute narcotics in violation of 21 U.S.C. § 846; possession with intent to distribute narcotics in violation of 21 U.S.C. § 841(a)(1); federal use of communication facility to facilitate a felony in violation of 21 U.S.C. § 843(b); and violation of the Travel Act, 18 U.S.C. § 1952(a)(3). Federal Rule of Criminal Procedure 48(a) (“Rule 48”) provides that, before a trial commences, “[t]he government may, with leave of court, dismiss an indictment, information, or complaint.” Fed. R. Crim. P. 48(a). The words “with leave of court” modify the common law doctrine of nolle prosequi and place some limits on a prosecutor’s power to unilaterally Case: 3:17-cr-00021-CVG-RM Document #: 126 Filed: 12/28/17 Page 2 of 3 United States v. Benjamin, et al. Criminal No. 2017-21 Order dismiss a prosecution. See In re Richards, 213 F.3d 773, 777 (3d Cir. 2000). Rule 48(a), however, “does not confer unfettered discretion upon courts to resist motions to dismiss.” Id. Rule 48(a) is primarily intended to protect defendants from prosecutorial harassment. See Rinaldi v. United States, 434 U.S. 22, 31 (1977). Accordingly, the Court must exercise its limited discretion in a manner that furthers that purpose. Id.; see also United States v. Cowan, 524 F.2d 504, 513 (5th Cir. 1975) (“The exercise of [a prosecutor’s] discretion with respect to the termination of pending prosecutions should not be judicially disturbed unless clearly contrary to manifest public interest.”) The premises considered; it is hereby ORDERED that the motion to dismiss docketed at ECF Number 125 is GRANTED; it is further ORDERED that the Superseding Indictment filed on July 27, 2017, is DISMISSED as to Dean Thompson; and it is further ORDERED that the trial setting in this matter is VACATED. S\ Curtis V. Gómez District Judge Case: 3:17-cr-00021-CVG-RM Document #: 126 Filed: 12/28/17 Page 3 of 3