UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA

Criminal No. 84-417
(Judge Oberdorfer)

UNITED STATES OF AMERICA :

v. :

WILLIAM THOMAS :

OPPOSITION TO DEFENDANT'S PRO SE MOTION TO DISMISS

The United States of America, by and through its attorney the United States Attorney for the District of Columbia, relies on the following points and authorities in opposition to the defendant's pro se motion to dismiss.

The defendant alleges that he has been selectively prosecuted. We respectfully disagree.

On December 6, 1984, this Court held a hearing on the defendant's first Motion to Dismiss based on an allegation of selective prosecution. During the motion the defendant asserted that at the time of his arrest for the charges that form the basis of this case, he was prepared to post $50 and forfeit the money. At the close of the hearing, counsel for the United States approached counsel for the defendant to inquire as to the defendant's continued willingness to post and forfeit $50 per charge. Counsel for the United States suggested that such a disposition might be possible if the defendant agreed. Counsel for the defendant indicated that he would explore the issue with the defendant.

By letter dated December 12, 1984, counsel for the United States informed counsel for the defendant that the United States would not be interested in a disposition involving the forfeiture of collateral. Counsel for the United States had his first direct contact with counsel for the defendant during the week of January 7. At the meeting counsel, for the united States discussed with counsel for the defendant the letter of December 12 and extended a formal plea offer. To date, no response to the plea offer has been accepted.

Defendant's motion is unfounded. The defendant has failed to show any new basis in claiming that he was selectively prosecuted. No plea offer was ever formally extended to the defendant. Even if the defendant felt such a plea had been offered, it was not accepted prior to the December 12 letter withdrawing it. Nor can the defendant show that his case is being handled any differently than any similar case. Thus we submit that the defendant's motion should be denied.

WHEREFORE, in the above stated reason for any other reason which may become known at a hearing on this motion we respectfully submit that the defendant's motion must be denied.

Respectfully submitted,

JOSEPH E. DIGENOVA

UNITED STATES ATTORNEY

By /s/Douglas J. Behr

DOUGLAS J. BEHR

Assistant United States Attorney

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a certified copy of the foregoing Opposition has been mailed with postage prepaid to the counsel for the defendant, William Thomas, 1440 N Street, N.W., (P.O. 27217), Washington, D.C. 20038, this 11th day of January 1985.

/s/Douglas J. Behr

DOUGLAS J. BEHR

Assistant United States Attorney

3rd & Constitution Ave.,

N.W. Washington, D.C. 20001 Rm. 3828

(202)633-5000

UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLUMBIA

USA )

vs. ) CR

William Thomas )

MOTION TO DISMISS FOR SELECTIVE PERSECUTION

1. Defendant Thomas was arrested on October 10, 1984 for alleged violations of 36 CFR 50.10 (c)(d).

2. Said violations may be disposed of by posting fifty dollar waivers.

3. Without due cause Defendant Thomas was later charged with "assault on a Federal Officer" after he had stated his intention to pay the hundred dollar fine.

4. The "assault" charge was dropped.

5. After this Court ruled on December 6, 1984, not to dismiss the charges against Defendant on grounds of selective enforcement, AUSA Baher advised the Court that the Government would be willing to drop the charges if Defendant were still willing to pay the fine.

6. The Defendant, anxious to save his time, the Court's time, and the taxpayer's resources, sought to pay the fine, but was advised that the Government has decided to "prosecute."

7. The Defendant alleges that this alleged prosecution constitutes persecution.

WHEREFORE, Defendant hereby moves the Court once again to dismiss charges on the grounds of selective persecution...(oops) prosecution.

/S/ W Thomas

WILLIAM THOMAS Pro Se
1440 N Street NW (PO Box 27217)
Washiington DC 20038


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