United States District Court, D. Oregon
August 4, 2014
UNITED STATES OF AMERICA, Plaintiff,
ANN MERAW, Defendant.
OPINION AND ORDER
MICHAEL J. McSHANE, District Judge.
The government charged defendant with one count of bankruptcy fraud, in violation of 18 U.S.C § 152(1), in an information dated October 6, 2011. See Information 1-2, ECF No. 36. Defendant consented to transfer this case under Fed. R. Crim. P. 20 to the Southern District of Georgia. See Consent to Transfer 1, ECF No. 45. Defendant subsequently plead guilty to bankruptcy fraud (18 U.S.C. § 152(1)) and false statements in bankruptcy (18 U.S.C. § 152(3)) and, was sentenced to two concurrent 28 month imprisonment terms. See Judgment, 4:11-cr-00249-WTM-GRS, ECF No. 55 (S.D. Ga.).
Defendant now moves this Court to dismiss all information, to release defendant, and to enter an order of public notice. However, as noted by this Court in an earlier order, see Order, May 14, 2013, ECF No. 57, this Court lacks subject matter jurisdiction over this matter because defendant consented to transfer and pled guilty. See United States v. Khan, 822 F.2d 451, 455 (4th Cir: 1987) ("subject matter jurisdiction is, thereby, shifted from the charging district to the transferee district."); see also United States v. Roberts, 618 F.2d 530, 542 (9th Cir. 1980) (Wyatt, J., dissenting) ("The reported decisions hold or recognize that where an indictment is transferred under Rule 20, the transferor court loses jurisdiction and the transferee court acquires exclusive jurisdiction of the indictment proceeding."). In addition, defendant has failed, as required by Local Rule 83-9(b), to appear on the current motions through counsel. Accordingly, defendant's motions to dismiss all information and release defendant, ECF No. 62, and to enter order of public notice, ECF No. 66, are DENIED.
IT IS SO ORDERED.