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Motion for Leave to Dismiss Indictment — United States v. Plastic Surgery Institute (Document 366)

Summary

Motion filed by Felice John Viti, Acting United States Attorney, in United States of America v. Plastic Surgery Institute of Utah, Inc.; Michael Kirk Moore Jr.; and Kristin Jackson Andersen (District of Utah, Case 2:23-cr-00010-HCN, Judge Howard C. Nielson, Jr.). Under Rule 48(a) of the Federal Rules of Criminal Procedure, the United States asks leave of the Court to dismiss the Second Superseding Indictment with prejudice, stating that dismissal is in the interests of justice. It states that, through counsel, Plastic Surgery Institute of Utah and Michael Kirk Moore Jr. have stipulated that they are not a "prevailing party" for purposes of the Hyde Amendment.

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“Motion for Leave to Dismiss Indictment — United States v. Plastic Surgery Institute (Document 366).” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/court-filing-united-states-v-plastic-surgery-institute-dkt-366-a82a62158c/, SHA-256 d0673a75de2396840e77f754b4ae1df785c209aa07c5396bccc6e19ceacbfdc9.

Full text

Case 2:23-cr-00010-HCN-JCB            Document 366           Filed 07/12/25    PageID.2929   Page 1
                                              of 1


 FELICE JOHN VITI, Acting United States Attorney (#7007)
 Attorney for the United States of America
 111 South Main Street, Ste. 1800 • Salt Lake City, Utah 84111
 Telephone: (801) 524-5682


                          IN THE UNITED STATES DISTRICT COURT

                                        DISTRICT OF UTAH


 UNITED STATES OF AMERICA,                                   Case No. 2:23-cr-00010-HCN

                        Plaintiff,                           UNITED STATES’ MOTION FOR
                                                             LEAVE TO DISMISS INDICTMENT
        vs.                                                  WITH PREJUDICE

 PLASTIC SURGERY INSTITUTE OF                                Judge Howard C. Nielson, Jr.
 UTAH, INC.; MICHAEL KIRK MOORE
 JR.; and KRISTIN JACKSON ANDERSEN,

                        Defendants.


        The United States, by and through the undersigned Acting United States Attorney,

 pursuant to Rule 48(a) of the Federal Rules of Criminal Procedure, hereby moves for leave of the

 Court to dismiss the Second Superseding Indictment in the above-captioned case, with prejudice.

 The basis for the motion is that such dismissal is in the interests of justice.

        Through counsel, Defendants Plastic Surgery Institute of Utah and Michael Kirk Moore

 Jr. have stipulated that they are not a “prevailing party” for purposes of the Hyde Amendment.

 See P.L. 105-119, § 617, 111 Stat. 2440, 2519; 18 U.S.C. § 3006A note.

        WHEREFORE, for the reason set forth above, the United States respectfully requests that

 this Court grant this motion.

                                                        Respectfully submitted,

                                                        /s/ Felice John Viti
                                                        FELICE JOHN VITI
                                                        Acting United States Attorney

                                               Page 1 of 1

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