U.S. v. MARSHALL

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.