UNITED STATES of America, Plaintiff–Appellee, v. Brian K. YOUNG, Defendant–Appellant.
-- April 19, 2012
Russell E. Smoot, Assistant U.S., USSP–Office of the U.S. Attorney, Spokane, WA, for Plaintiff–Appellee.Rebecca Louise Pennell, Esquire, Assistant Federal Public Defender, FDWAID–Federal Defenders of Eastern Washington & Idaho, Yakima, WA, for Defendant–Appellant.
In light of the Supreme Court's decision in Reynolds v. United States, 132 S.Ct. 975 (2012), and its denial of the petition for writ of certiorari from this court's decision in United States v. Valverde, 628 F.3d 1159 (9th Cir.2010), Brian K. Young's motion to dismiss the indictment, filed January 4, 2011, is granted. This matter is remanded to the district court with directions to dismiss the indictment against Young.
REVERSED and REMANDED.