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Motion to Dismiss the Indictment — No. 4:25-cr-00552 (Dkt. 39, E.D. Mo.)

Summary

Motion to dismiss the indictment in the U.S. District Court for the Eastern District of Missouri, United States v. Dana Kelly, case 4:25-cr-00552, Document 39, filed December 12, 2025. Through United States Attorney Thomas C. Albus and Assistant United States Attorney Tracy Lynn Berry, the government moves to dismiss the pending indictment without prejudice, and states that counsel for the defendant consents. The filing carries a so-ordered entry dated December 12, 2025 by Judge Sarah E. Pitlyk.

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“Motion to Dismiss the Indictment — No. 4:25-cr-00552 (Dkt. 39, E.D. Mo.).” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/motion-to-dismiss-the-indictment-no-4-25-cr-00552-dkt-39-e-d-mo-ea615cb098/, SHA-256 2adf9d4ccc12e87ef38ad0c4ba7da3c2e79ec6261e60859b38e4315a0a92b07c.

Full text

Case: 4:25-cr-00552-SEP-SRW            Doc. #: 39 Filed: 12/12/25          Page: 1 of 2 PageID
                                            #: 121




                              UNITED STATES DISTRICT COURT
                              EASTERN DISTRICT OF MISSOURI
                                    EASTERN DIVISION

UNITED STATES OF AMERICA,                    )
                                             )
                 Plaintiff,                  )
                                             )
v.                                           )
                                             )   No. 4:25CR00552 SEP/SRW
                                             )
DANA KELLY,                                  )
                                             )
                 Defendant.                  )

                         MOTION TO DISMISS THE INDICTMENT

       Comes now the United States of America, by and through its attorneys, Thomas C. Albus,

United States Attorney for the Eastern District of Missouri and Tracy Lynn Berry, Assistant United

States Attorney for said district, and moves to dismiss the pending indictment without prejudice

       Counsel for the defendant has consented to the motion to dismiss without prejudice.

                                             Respectfully submitted,

                                             THOMAS C. ALBUS
                                             United States Attorney

                                             s/ Tracy Lynn Berry
                                             TRACY LYNN BERRY #014753 TN
                                             Assistant United States Attorney
                                             111 South 10th Street, Room 20.333
                                             St. Louis, Missouri 63102
                                             (314) 539-2200
Case: 4:25-cr-00552-SEP-SRW           Doc. #: 39 Filed: 12/12/25        Page: 2 of 2 PageID
                                           #: 122




                                 CERTIFICATE OF SERVICE

       A copy of the foregoing was served electronically to counsel of record through the

electronic case filing system this 10th day of December, 2025.

                                            s/ Tracy Lynn Berry
                                            ASSISTANT UNITED STATES ATTORNEY




SO ORDERED:


                                            Date:   December 12, 2025
SARAH E. PITLYK
UNITED STATES DISTRICT JUDGE

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