USA v. Addison et al

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
CASE NO. 3:17-CR-00134-FDW-SCR
THIS MATTER is before the Court on Defendant’s Motion to Dismiss. (Doc. No. 3512.)
For the reasons set forth below, Defendant’s Motion is DENIED.
Defendant asks this Court to dismiss “the [nine] year old offense of malicious conduct”
based on various alleged constitutional violations. (Doc. No. 3512.) Defendant’s charges before
this Court did not include “malicious conduct.” He was sentenced to 70 months imprisonment on
one count of racketeering on April 23, 2019. (Doc. No. 2566.) Based on a review of Defendant’s
Presentence Investigation and Report in this case, (Doc. No. 2533), Defendant seeks to dismiss a
pending state charge of Malicious Conduct by a Prisoner from 2014. (Id., p. 31.) That charge is
pending before the McDowell County District Court, not this Court, . To the extent Defendant
seeks dismissal because the outstanding warrant affected his custody level within the Bureau of
Prisons, that issue is moot because Defendant was released on April 13, 2024. See
https://www.bop.gov/inmateloc/ (last visited July 16, 2024).
UNITED STATES OF AMERICA )
)
v. )
) ORDER
OMAR LIONEL REED, )
)
Defendant. )
)
Case 3:17-cr-00134-FDW-MTO Document 3594 Filed 11/12/24 Page 1 of 2

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Signed: November 12, 2024
IT IS SO ORDERED.
IT IS THEREFORE ORDERED that Defendant’s Motion to Dismiss, (Doc. No. 3512), is DENIED.
Case 3:17-cr-00134-FDW-MTO Document 3594 Filed 11/12/24 Page 2 of 2