Opinion
CRIMINAL ACTION NO. 2:12cr201-MHT
12-27-2012
UNITED STATES OF AMERICA v. JOSHUA RAY PARTON
(WO)
ORDER
Upon consideration of the recommendation of the United States Magistrate Judge, to which no objections have been filed, and after an independent and de novo review of the record, it is the ORDER, JUDGMENT, and DECREE of the court that:
(1) The recommendation of the United States Magistrate Judge (Doc. No. 18) is adopted.
(2) Defendant Joshua Ray Parton's motion to dismiss for lack of jurisdiction (Doc. No. 14) is denied.
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The court notes that, in light of United States v. Smith, 459 F.3d 1276 (11th Cir. 2006)'s dependance on Gonzales v. Raich, 545 U.S. 1 (2005), defendant Joshua Ray Parton does raise a serious question as to the continuing vitality of Smith following the Supreme Court's opinion in National Federation of Independent Business v. Sebelius, 132 S.Ct. 2566 (2012).
Myron H. Thompson
UNITED STATES DISTRICT JUDGE