Williams v. U.S.

Full title: TIMOTHY WILLIAMS, Plaintiff, v. UNITED STATES OF AMERICA, Defendant

Court: United States District Court, M.D. Alabama, Northern Division

Date published: Feb 25, 2008

CASE NO. 2:07-cv-742-MEF, (WO) (M.D. Ala. Feb. 25, 2008)

Opinion

CASE NO. 2:07-cv-742-MEF, (WO).

February 25, 2008

MEMORANDUM OPINION AND ORDER

MARK FULLER, District Judge

This cause is before the Court on Plaintiff Timothy Williams' ("Williams") Motion to Dismiss for Want of Subject Matter Jurisdiction (Doc. # 29), filed January 29, 2008. In this motion, Williams seeks to vacate his convictions under 18 U.S.C. § 924(c)(1)(A) and 21 U.S.C. § 841(a)(1), on the grounds that this Court lacked subject matter jurisdiction to adjudicate on the charges against him. Williams argues that the United States failed to allege and/or prove the existence of a nexus with interstate commerce, which, he contends, defeats subject matter jurisdiction in this Court. Williams' argument is without merit due to the fact that it is well-settled that even a failure of allegation or proof of an interstate commerce element does not deprive this Court with subject matter jurisdiction over the case. See, e.g., Alikhani v. United States, 200 F.3d 732, 735 (11th Cir. 2000).

For the reasons stated above, it is hereby ORDERED that Plaintiff's Motion to Dismiss (Doc. # 29), filed January 29, 2008 is DENIED.