United States v. Smith, Richard

Opinion for the Court filed by Senior Circuit Judge WILLIAMS.

WILLIAMS, Senior Circuit Judge:

Rule 48(a) of the Federal Rules of Criminal Procedure provides that “[t]he government may, with leave of court, dismiss an indictment, information, or complaint.” In 2004, the government made a Rule 48(a) motion to vacate appellant Richard A. Smith’s fifteen year-old conviction under 18 U.S.C. § 924(c). Smith did not oppose the motion, which the district court in due course granted. Letting no good deed go unpunished, Smith now claims that the district court lacked jurisdiction to grant the motion' —…