Eaves

MEMORANDUM *

The government appeals from three pretrial orders entered by the district court: (1) the district court’s June 24, 2002 dismissal of the First Superseding Indictment (“FSI”) as to defendant McCook; (2) the court’s July 22, 2002 denial of the government’s motion under Rule 48(a) of the Federal Rules of Criminal Procedure to dismiss the remaining FSI charges; and (3) the court’s August 19, 2002 dismissal of FSI counts 1-6, alleging violations of the Travel Act, 18 U.S.C. § 1952 . The government also asks that the case be remanded to a different district court judge. The relevant facts are known to the parties and are discussed here only as necessary. For the reasons stated below, we AFFIRM the district court’s dismissal of the FSI as to McCook, REVERSE both the district court’s denial of the government’s Rule 48(a) motion and the district court’s dismissal of the Travel Act counts and DENY the defendants’ request for reassignment to a different district court judge.

A. Dismissal of the FSI as to McCook

“We review the dismissal of an indictment without prejudice for an abuse of discretion.” United States v. Adrian, 978 F.2d 486, 498 (9th Cir.1992). Upon reviewing the…