Opinion
2:23-cr-00012-NJK
02-01-2023
UNITED STATES OF AMERICA Plaintiff, v. DEVAL HATCHER, Defendant.
ORDER
[DOCKET NO. 11]
NANCY J. KOPPE, UNITED STATES MAGISTRATE JUDGE
Pending before the Com! is Defendant's motion to dismiss citation due to unconstitutionally vague statute. Docket No. 11. The United States filed a response. Docket No. 6. No reply is needed. The motion is properly resolved without a healing. See Local Rule 78-1.
Defendant was charged with resisting issuance of a citation in violation of 43 C.F.R. § 8365.1-4(a)(4). Docket Nos. 6 at 2, 11 at 2. He submits that the statute underlying this charge violates due process because it is impermissibly vague. Docket No. 11 at 3. The United States dismissed this charge on January 30, 2023. See Docket No. 4-1 (dismissal of citation).
Defendant was also charged with exceeding posted speed in violation of 43 C.F.R. § 83651.1 -3(a). Docket No. 6 at 2. That charge remains pending. See Docket No. 1.
Accordingly, Defendant's motion to dismiss citation due to unconstitutionally vague statute is DENIED as moot. Docket No. 11.
IT IS SO ORDERED.