1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

UNITED STATES ATTORNEY

700 Stewart Street, Suite 5220

Seattle, Washington 98101-1271

(206) 553-7970

REQUEST AND ORDER FOR DISMISSAL/TUBBS 

(CR05-5828FDB) - 1

Judge Franklin D. Burgess

UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF WASHINGTON

AT TACOMA

UNITED STATES OF AMERICA, )

) NO. CR05-5828FDB

Plaintiff, )

)

 v. ) REQUEST AND ORDER

) FOR DISMISSAL

KEVIN TUBBS, )

)

Defendant. )

________________________________ )

Comes now, the United States of America, by and through Jeffrey C. Sullivan,

United States Attorney for the Western District of Washington, Mark N. Bartlett,

First Assistant United States for said District, and Andrew C. Friedman, Assistant

United States Attorney for said District, pursuant to Federal Rule of Criminal Procedure

48(a), and asks that the Court dismiss the charges brought in this case against

Kevin Tubbs.

In addition to being charged in this case, Tubbs also was charged with conspiracy

to commit arson and with a number of counts of arson in a related case in the District of

Oregon. United States v. Kevin Tubbs, No. CR 06-60070-1-AA (D. Ore.). Tubbs pled

guilty to charges in that case and was sentenced to 151 months’ imprisonment. As part of

the plea agreement in that case, the United States agreed to dismiss the charges against

///

///
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

UNITED STATES ATTORNEY

700 Stewart Street, Suite 5220

Seattle, Washington 98101-1271

(206) 553-7970

REQUEST AND ORDER FOR DISMISSAL/TUBBS 

(CR05-5828FDB) - 2

Tubbs in this case. As a result, the United States hereby moves to dismiss the charges

against Tubbs.

DATED this 15th day of May, 2007.

Respectfully submitted,

JEFFREY C. SULLIVAN

United States Attorney

s/Mark N. Bartlett 

MARK N. BARTLETT

First Assistant United States Attorney

s/Andrew C. Friedman 

ANDREW C. FRIEDMAN

Assistant United States Attorney

United States Attorney’s Office

700 Stewart Street, Suite 5220

Seattle, Washington 98101

Telephone: (206) 553-2277

Fax: (206) 553-0755

E-mail: Andrew.Friedman@usdoj.gov

Mark.Bartlett@usdoj.gov

Leave of the Court is granted for the filing of the foregoing dismissal, and the

charges against Kevin Tubbs in the Fourth Superseding Indictment are hereby

DISMISSED.

DATED this _____ day of November, 2007.

_________________________________

FRANKLIN D. BURGESS

United States District Judge
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

UNITED STATES ATTORNEY

700 Stewart Street, Suite 5220

Seattle, Washington 98101-1271

(206) 553-7970

REQUEST AND ORDER FOR DISMISSAL/TUBBS 

(CR05-5828FDB) - 3

CERTIFICATE OF SERVICE

I hereby certify that on the 15th day of November, 2007, I electronically filed the

foregoing with the Clerk of Court using the CM/ECF system which will send notification

of such filing to the attorney(s) of record for the defendant(s). I hereby certify that I have

served the attorney(s) of record for the defendant(s) that are non CM/ECF participants via

U. S. States First Class Mail or via facsimile.

 s/Elisa G. Jimenez 

 ELISA G. JIMENEZ

 Legal Assistant

 United States Attorney’s Office

 700 Stewart Street, Suite 5220

 Seattle, Washington 98101-1271

 Telephone: 206-553-4439

 FAX: 206-553-0755

 E-mail: Elisa.Jimenez@usdoj.gov