Opinion
CRIMINAL 1:23-cr-00053-MR-WCM
02-07-2024
UNITED STATES OF AMERICA, Plaintiff, v. TORREY LANE HODSDEN, Defendant.
ORDER
MARTIN REIDINGER, CHIEF UNITED STATES DISTRICT JUDGE
THIS MATTER is before the Defendant's Motion to Strike Government's Information under 21 U.S.C. § 851. [Doc. 25].
By the present motion, the Defendant moves to strike the Information [Doc. 16] filed by the Government pursuant to 21 U.S.C. § 851. For grounds, the Defendant contends that the prior conviction identified therein-namely, his prior conviction for possession with intent to distribute marijuana-does not qualify as a “serious drug felony.” [Doc. 25].
In response, the Government has filed an Amended Information and Notice of a Prior Conviction alleging a new “serious drug felony” and “felony drug offense.” [See Docs. 33, 35]. Accordingly, the Defendant's Motion to Strike is now moot.
IT IS, THEREFORE, ORDERED that the Defendant's Motion to Strike [Doc. 25] is DENIED AS MOOT.
IT IS SO ORDERED.