Unopposed Motion to Dismiss Indictment — United States v. McQuarn (Dkt. 232, W.D. Tex.)

Summary

An unopposed motion to dismiss the indictment, filed January 23, 2023 by the United States Attorney for the Western District of Texas in United States of America v. Michael George McQuarn, Criminal No. A-20-CR-229(1) LY, in the U.S. District Court for the Western District of Texas, Austin Division. Under Rule 48(a), the motion asks the Court to dismiss the Indictment as to McQuarn, stating that McQuarn died in Austin, Texas on or about October 15, 2022, before a final judgment, so the Indictment must be dismissed under the rule of abatement. It states that the dismissal applies only to McQuarn and not to any other defendant, and that defense counsel Russell Hunt, Jr. was consulted. A proposed order of dismissal, unsigned, is attached.

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Case 1:20-cr-00229-LY Document 232 Filed 01/23/23 Page 1 of 3




                           UNITED STATES DISTRICT COURT
                            WESTERN DISTRICT OF TEXAS
                                  AUSTIN DIVISION


UNITED STATES OF AMERICA,                       §
                                                §
                      Plaintiff.                §
                                                §
v.                                              §    CRIMINAL NO. A-20-CR-229(1) LY
                                                §
(1) MICHAEL GEORGE McQUARN,                     §
                                                §
                      Defendant.                §


                    UNOPPOSED MOTION TO DISMISS INDICTMENT

        Pursuant to Rule 48(a), Federal Rules of Criminal Procedure, the United States Attorney

for the Western District of Texas hereby requests that the Indictment filed in this case as to

Defendant MICHAEL GEORGE McQUARN be dismissed.

        On or about October 15, 2022, Defendant MICHAEL GEORGE McQUARN died in

Austin, Texas, which this office has confirmed through official sources. Because Defendant died

while the case was pending, but before a final judgment was issued, the Indictment must be

dismissed under the rule of abatement. See United States v. Estate of Parsons, 367 F.3d 409, 413

(5th Cir. 2004).    Accordingly, continuation of the federal prosecution against Defendant

McQUARN is not warranted and dismissal is appropriate. Dismissal of the Indictment is requested

only as to Defendant McQUARN and shall not affect nor apply to any other defendant charged in

this case.

        The undersigned has conferred with Russell Hunt, Jr., Esq., counsel for Defendant

McQUARN, concerning this Motion and Mr. Hunt stated that he does not oppose it.

          Case 1:20-cr-00229-LY Document 232 Filed 01/23/23 Page 2 of 3




                                                     Respectfully submitted,

                                                     JAIME ESPARZA
                                                     United States Attorney

                                                     /s/ Matthew Devlin
                                       By:
                                                     __________________________________
                                                     MATTHEW DEVLIN
                                                     Assistant United States Attorney




                                CERTIFICATE OF SERVICE

       I hereby certify that on January 23, 2023, I electronically filed the foregoing with the Clerk

of Court using the CM/ECF system which will send notification of such filing to the following:

Russell D. Hunt, Jr., Esq.
310 South Austin Avenue
Georgetown, Texas 78626
(512) 930-0860
Fax (512) 857-0746
State Bar No. 00790937
Email: r2@rhjrlaw.com
Attorney for Defendant


                                                     /s/ Matthew Devlin
                                                     __________________________________
                                                     MATTHEW DEVLIN
                                                     Assistant United States Attorney

          Case 1:20-cr-00229-LY Document 232 Filed 01/23/23 Page 3 of 3




                             UNITED STATES DISTRICT COURT
                              WESTERN DISTRICT OF TEXAS
                                    AUSTIN DIVISION


UNITED STATES OF AMERICA,                       §
                                                §
                        Plaintiff.              §
                                                §
v.                                              §    CRIMINAL NO. A-20-CR-229(1) LY
                                                §
(1) MICHAEL GEORGE McQUARN,                     §
                                                §
                        Defendant.              §


                                           ORDER

       Came on to be considered the United States= Unopposed Motion to Dismiss Indictment,

and the Court, having considered same, finds said motion meritorious. Accordingly, it is

       ORDERED that the United States= Motion is GRANTED.

       IT IS FURTHER ORDERED that the Indictment filed in the above styled and numbered

cause as to Defendant MICHAEL GEORGE McQUARN be, and is hereby, DISMISSED.

       IT IS FURTHER ORDERED that this Order of dismissal as to Defendant McQUARN

applies only to Defendant McQUARN and does not affect nor apply to any other defendant

charged in this case.



       SIGNED this ________ day of ________________________, 2023.



                                                    ___________________________________
                                                    UNITED STATES DISTRICT JUDGE

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