Citation Codes Equivalent Citations citation codes Docket Number CASE NO. 2:08-cr-49-MEF. Judges Mark E. Fuller See more information ... Smart Summary Please sign up to generate summary. OPINION UNITED STATES OF AMERICA v. RICHARD JAMES MARSHALL. ORDER MARK FULLER, District Judge After an independent review of the file and the Supreme Court's recent opinion in United States v. Hayes, 2009 WL 436680, No. 07-608 (U.S. Feb. 24, 2009), it is the ORDER, JUDGMENT and DECREE of the court that: (1) The defendant's Objections (Doc. #44) to the Recommendation of the Magistrate Judge filed on January 24, 2009 are overruled; (2) The Recommendation of the Magistrate Judge (Doc. #40) entered on January 13, 2009 is adopted; (3) The defendant's Motion to Dismiss (Doc. #31) is DENIED.