Summary
rejecting defense argument that Certification from the Secretary of State was only "rebuttable prima facie evidence" of waiver of objection by vessel's country of registry to the enforcement of United States law
Summary of this case from U.S. v. CruzOpinion
CASE NO. 8:09-cr-404-T-23TGW.
February 11, 2010
ORDER
The defendant moves to dismiss the indictment for "lack of subject matter jurisdiction" (Doc. 14) and on "various constitutional grounds" (Doc. 15). The United States opposes dismissal (Doc. 25), and the defendant was permitted to file a reply (Doc. 31) to the United States' opposition.
Pursuant to a referral order (Doc. 32) the magistrate judge conducted a hearing on December 14, 2009, and filed a report and recommendation (Doc. 46) recommending denial of both motions. The defendant filed objections (Doc. 47) to the magistrate judge's report and recommendation.
After an independent examination of the file, the objections are OVERRULED and the magistrate judge's report and recommendation is ADOPTED and incorporated by reference into this order. The defendant's motions to dismiss (Docs. 14 and 15) are DENIED.
ORDERED in Tampa, Florida.