NOTICE OF DISMISSAL OF ALTERNATIVE FINES ACT SENTENCING ALLEGATIONS
DEFENDANT’S BRIEF REGARDING THE UNCONSTITUTIONALITY OF EMPANELING A SECOND JURY TO TRY THE ALTERNATIVE FINES ACT ALLEGATIONS
Feds Reduce Possible Fines Against PG&E by $556M By NICHOLAS IOVINO August 2, 2016 Courthouse News Service |
Tuesday, August 02, 2016
RE: UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION, UNITED STATES OF AMERICA, Plaintiff, v. PACIFIC GAS AND ELECTRIC COMPANY, Defendant. NO. CR 14-0175 THE: ‘the United States Attorney for the Northern District of California dismisses the Alternative Fines Act sentencing allegations in the Superseding Indictment’
ABSTRACT: “Federal prosecutors on Tuesday dropped Alternative Fines Act charges against the company, leaving PG&E with a new maximum penalty of $6 million,” according to NICHOLAS IOVINO, Feds Reduce Possible Fines Against PG&E. The NOTICE OF DISMISSAL OF ALTERNATIVE FINES ACT SENTENCING ALLEGATIONS document copy is embedded. “With leave of the Court, and pursuant to Federal Rule of Criminal Procedure 48(a), the United States Attorney for the Northern District of California dismisses the Alternative Fines Act sentencing allegations in the Superseding Indictment in the above-captioned case.” (August 2, 2016) And the DEFENDANT’S BRIEF REGARDING THE UNCONSTITUTIONALITY OF EMPANELING A SECOND JURY TO TRY THE ALTERNATIVE FINES ACT ALLEGATIONS document copy is embedded. CONCLUSION The Court may not empanel a new jury to consider the gains element of the charges brought in the indictment. Instead, if the jury returns a guilty verdict on any of the charged Counts, the Court should discharge the jury and proceed to sentencing without an unduly complicated Alternative Fines Act proceeding. Dated: August 1, 2016
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