The crime has been dismissed you can’t pardon a non existent crime!!
No, only the judge can dismiss the case.
Actually it has not. The DOJ has requested a dismissal as has the defense. The DOJ has said they will no longer prosecute because the evidence was not there for the case ever to be brought, and because of egregious prosecutorial bad behavior. . . And because there was no crime in the first place. The judge is claiming the defendant plead guilty, so that’s all there needs to be: a guilty plea. But the DOJ says you cannot plead guilty to a non-existent crime. The Judge begs to differ, and wants his sentencing.