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...
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