Opinion
3:20-cr-111
06-27-2023
UNITED STATES OF AMERICA, Plaintiff, v. KYLE RUTHERFORD, Defendant.
ORDER: (1) GRANTING DEFENDANT'S MOTION TO ADOPT AND JOIN IN THE GOVERNMENT'S RESPONSE TO THE COURT'S ORDER (Doc. No. 73); (2) CONFIRMING THAT THIS COURT HAS JURISDICTION TO PROCEED THROUGH FINAL JUDGMENT; AND (3) CONFIRMING THE SENTENCING HEARING SCHEDULED FOR 10:00 AM ON JULY 26, 2023 IN COURTROOM 4
Hon. Michael J. Newman United States District Judge
This criminal case is before the Court after it ordered the parties to submit briefing on whether it possessed jurisdiction to accept Defendant's guilty plea and sentence him as he is charged in the Second Superseding Information, pursuant to the Assimilative Crimes Act (“ACA”). Doc. No. 70. The Government submitted its response. Doc. No. 72. Defendant filed a motion to adopt and join in the Government's response, Doc. No. 73, and that motion is hereby GRANTED.
Upon careful review, the Court is satisfied that it possesses jurisdiction to proceed through final judgment. See, e.g., United States v. Cotton, 535 U.S. 625, 631 (2002); United States v. Abboud, 438 F.3d 554, 567 (6th Cir. 2006); United States v. Marcinkewciz, 543 Fed.Appx. 513, 514 (6th Cir. 2013); United States v. Key, 599 F.3d 469, 476-77 (5th Cir. 2010); United States v. Twitty, 859 Fed.Appx. 310, 313 (10th Cir. 2021). Thus, the Court CONFIRMS the sentencing hearing presently scheduled for 10:00 a.m. on July 26, 2023 in Courtroom 4.
IT IS SO ORDERED.