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U.S. v. BERNER

No. CR 08-30036.

587 F.Supp.2d 1105 (2008)

UNITED STATES of America, Plaintiff, v. Robin T. BERNER, Defendant.

United States District Court, D. South Dakota, Central Division.

September 26, 2008.

Attorney(s) appearing for the Case

Eric D. Kelderman, U.S. Attorney's Office, Pierre, SD, Thomas J. Wright, U.S. Attorney's Office, Sioux Falls, SD, for Plaintiff.

Jana M. Miner, Federal Public Defender's Office, Pierre, SD, for Defendant.

ORDER AND OPINION ADOPTING REPORT AND RECOMMENDATION

CHARLES B. KORNMANN, District Judge.

Defendant filed a motion, Doc. 25, to dismiss the indictment on the grounds that the amount he owes for child support since his 1996 conviction for failure to pay does not meet the threshold jurisdictional amount of $10,000 as required by 18 U.S.C. § 228(a)(3). The motion was referred to Magistrate Mark A. Moreno...

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