U.S. v. SMITH

No. 2:02-cr-72-FtM-29SPC.

UNITED STATES OF AMERICA v. FRANKIE LEE SMITH

United States District Court, M.D. Florida, Fort Myers Division.

February 3, 2012.


Attorney(s) appearing for the Case

United States of America, Plaintiff, represented by Douglas Molloy , US Attorney's Office — FLM.

United States of America, Plaintiff, represented by John P. Moran , U.S. Attorney's Office.

United States of America, Plaintiff, represented by Michelle Thresher Taylor , US Attorney's Office — FLM.


ORDER

JOHN E. STEELE, District Judge.

This matter comes before the Court on Plaintiff's Motion Challenging Jurisdiction to the Judgement Render As Void Pursuant to Fed. Rule Civ. P. 12(b)(1), (2); (60)(b)(4) (Doc. #351) filed on October 27, 2011. Defendant argues that the Court never had subject matter jurisdiction over his criminal case because it was a local drug case which could have been prosecuted only in state court.

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