## Facts

- Aaron Heaton was indicted on one count under 18 U.S.C. § 2422(b) for using a facility of interstate commerce to entice a minor to engage in unlawful sexual activity.
- About nine months after the indictment, the government moved under Federal Rule of Criminal Procedure 48(a) to dismiss the charge “in the interest of justice” without prejudice.
- The government’s motion provided no factual or legal explanation beyond the conclusory statement.
- Heaton objected and argued that any dismissal should be with prejudice to bar refiling.
- The district court considered the motion under Rule 48(a)’s requirement that dismissal occur only “with leave of court.”

## Issues

1. What scope of judicial review does Rule 48(a)’s “leave of court” requirement permit when the government seeks dismissal of an indictment?
2. Whether a court may condition a Rule 48(a) dismissal on being with prejudice when the government offers no explanation yet seeks dismissal without prejudice.
3. Whether granting an unexplained dismissal without prejudice would risk defendant harassment or be contrary to the public interest.

## Decision

- The court granted the government’s Rule 48(a) motion to dismiss.
- The court conditioned the dismissal on being with prejudice.
- The condition barred the government from re-indicting Heaton on the same § 2422(b) charge arising from the same conduct.

## Legal Principles

- Rule 48(a)’s “leave of court” is not a ministerial formality; it authorizes limited judicial oversight to prevent abuse, including harassment through charging, dismissing, and recharging.
- Courts generally presume prosecutorial motions to dismiss are made in good faith, consistent with separation-of-powers principles, but the presumption does not eliminate the court’s duty to ensure dismissal is not abusive or clearly contrary to the public interest.
- A court must have an adequate basis to exercise Rule 48(a) review; at minimum, the government must provide a sufficient explanation to permit the court to evaluate whether dismissal aligns with Rule 48(a)’s purposes.
- A district court may grant dismissal subject to conditions, including dismissal with prejudice, when necessary to protect the defendant from unfair uncertainty or potential harassment, particularly where the government seeks to preserve the option to refile without explaining why.

## Conclusion

The court held that Rule 48(a) permits meaningful judicial scrutiny and conditioning of prosecutorial dismissal requests, and it dismissed the indictment only with prejudice because the government offered no explanation for seeking dismissal without prejudice while retaining the ability to refile.


United States v. Heaton, 458 F. Supp. 2d 1271 (D. Utah 2006)