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U.S. v. HERNANDEZ

United States District Court, S.D. Texas, Brownsville Division.
Dec 3, 2004
ORDER

ANDREW HANEN, District Judge

It is hereby ordered that the Government's Unopposed Motions to Supplement the Record regarding the element of good faith raised in the Motion to Dismiss be GRANTED for the purpose of clarifying the conduct of the respective parties. Although the court's original opinion should not be interpreted as having found that the government acted with animus or evil motion, it is clear from the newly amended record that the government acted in good faith in this matter. On the basis of the record before this court at the time the initial findings were made, the Order of Dismissal remains in force. However, this court reinforced by the newly supplemented record, finds the government acted in good faith and, therefore, also grants its Motion for Reconsideration on that issue.