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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION

UNITED STATES OF AMERICA, Plaintiff, vs. D-1 BOBBY W. FERGUSON,

CRIMINAL NO. 10-20535 HON. DAVID M. LAWSON

Defendant. ____________________________/ MOTION OF THE UNITED STATES TO DISMISS COUNT EIGHT OF THE THIRD SUPERSEDING INDICTMENT The United States of America, Barbara L. McQuade, United States Attorney, along with Bruce C. Judge and Mark D. Chutkow, Assistant U.S. Attorneys, hereby moves pursuant to Rule 48 of the Federal Rules of Criminal Procedure to dismiss Count Eight of the Third Superseding Indictment against defendant Bobby W. Ferguson. In support of this motion, the government states as follows: On January 29, 2013, the grand jury returned a Third Superseding Indictment in this case.

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Trial against defendant Bobby W. Ferguson and defendant Michael Woodhouse commenced with the start of jury selection on January 21, 2014. Jury selection continued through January 31, 2014. On January 31, 2014, defendant Michael Woodhouse entered a guilty plea to Count One of the Third Superseding Indictment, thereby resolving the charges in this case against defendant Michael Woodhouse. On February 14, 2014 the jury returned verdicts of not guilty on Counts Five and Seven as to defendant Bobby W. Ferguson. The jury could not reach a verdict on Count Eight and a mistrial was declared as to that count. On January 15, 2014, a Judgment was entered by the Honorable Nancy G. Edmunds in the case United States v. Kilpatrick et al., Case No. 10-CR-20403 pursuant to which defendant Ferguson was sentenced to a term of 252 months of incarceration and was ordered to pay restitution in the amount of $6,284,000.00. In light of the convictions of the co-defendants in this case and the judgment imposed against defendant Ferguson in the matter United States v. Kilpatrick et al., Case No. 10-CR-20403, the pursuit of additional penalties against defendant Ferguson would not serve the public interest. Pursuant to Local Rule 7.1, on February 18, 2014, the undersigned counsel contacted counsel for defendant Bobby W. Ferguson and explained the nature of the subject motion and its legal basis.

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On February 18, 2014, attorney Michael A. Rataj and attorney David S. Steingold concurred in the requested relief on behalf of defendant Bobby W. Ferguson. WHEREFORE, the government requests that the Court enter an Order dismissing Count Eight of the Third Superseding Indictment against defendant Bobby W. Ferguson. Respectfully submitted, BARBARA L. McQUADE United States Attorney

/s/ Bruce C. Judge___________ BRUCE C. JUDGE (148805 CA) Assistant United States Attorney 211 W. Fort Street, Suite 2001 Detroit, MI 48226 Dated: February 19, 2014

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CERTIFICATE OF SERVICE I hereby certify that on February 19, 2014, I electronically filed the foregoing document with the Clerk of the Court using the ECF system, which will send notification of such filing to the following: Michael A. Rataj David S. Steingold Attorneys for Bobby Ferguson s/Bruce C. Judge BRUCE C. JUDGE Assistant United States Attorney 211 West Fort Street, Suite 2001 Detroit, MI 48226 (313) 226-9122 Bruce.Judge@usdoj.gov CA Bar No. 148805 Dated: February 19, 2014