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US govt drops one charge vs ex-convict
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Posted on May 20 2012
The U.S. government has moved to drop one of the charges filed against an ex-convict indicted for possession of a firearm and ammunition.
Assistant U.S. Attorney Garth R. Backe on Thursday filed the motion requesting the U.S. District Court for the NMI to dismiss without prejudice count 2 of the indictment, charging Justin A. Funkugub with possession of a firearm with a removed, altered or obliterated serial number.
Backe said the government is seeking dismissal in order to streamline its case and in advance of the upcoming trial as well as to conserve governmental and judicial resources.
Backe said the Federal Rule of Criminal Procedure 48(a) allows the government to dismiss an indictment without prejudice and later to re-indict based on the same or similar charges, provided it is not acting in bad faith.
The prosecutor said that Funkugub’s counsel was informed about this motion and he stated he had no objection to dismissal but opposed the government’s request that it be done without prejudice.
Dismissal without prejudice means the plaintiff may refile a new suit on the same claim in the future.
The indictment also charged Funkugub with one count of felon in possession of a firearm and one count of felon in possession of ammunition.
Funkugub was convicted of cattle killing on Sept. 21, 2000.
In his latest case, the U.S. government claims that Funkugub was found in possession of a Smith and Wesson .38 caliber snub-nosed revolver and six Winchester Super-X .22 caliber bullets. The gun’s manufacturer’s serial number had been removed, altered, or obliterated, a violation of U.S. Code, according to the indictment.
The charges stemmed from an incident when Funkugub allegedly assaulted a relative and fired a handgun in As Teo area.
