USA v. Sanchez-Rodriguez et al

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ALASKA
UNITED STATES OF AMERICA,
Plaintiff,
vs.
KEVIN GLENN PETERSON, II,
Defendant.
Case No. 3:23-cr-00090 RRB-KFR-03
ORDER DENYING MOTION TO
DISMISS INDICTMENT FOR LACK
OF JURISDICTION
(Docket 101)
Before the Court is Defendant, Kevin Glenn Peterson, II, with a Motion to
Dismiss Indictment for Lack of Jurisdiction. Docket 101. The motion is opposed by the
Government at Docket 102, and Defendant replies at Docket 105. 	The Magistrate Judge
issued a detailed and very thorough Final Report and Recommendation in which it was
recommended that the aforesaid motion be denied. Docket 103. Defendant objected to the
Magistrate Judge’s recommendation at Docket 106.
The Court has considered all the above and concludes that this Court does
have jurisdiction, pursuant to 18 U.S.C. § 3231, to address the charges brought against
Defendant by the United States. The language of this statute is clear: “The district courts
of the United States shall have original jurisdiction, exclusive of the courts of the States,
of all offenses against the laws of the United States.”
Case 3:23-cr-00090-RRB-KFR Document 112 Filed 04/01/24 Page 1 of 2

United States v. Peterson 	Case No. 3:23-cr-00090-RRB-KFR-03
Order Denying Motion to Dismiss Indictment for Lack of Jurisdiction 	Page 2
Here, Defendant was found by a Grand Jury to have committed certain
offenses against the laws of the United States and an Indictment was issued. Whether or
not Defendant is guilty of these charges is to be determined by a jury of his peers. At this
point, however, the Court clearly has jurisdiction to proceed with these matters.
Therefore, for the reasons set forth above, as well as for all the reasons set
forth by the Magistrate Judge at Docket 103, which report the Court Adopts and Accepts
in its entirety, the Court hereby DENIES the Motion to Dismiss for Lack of Jurisdiction.
IT IS SO ORDERED this 1st day of April, 2024, at Anchorage, Alaska.
/s/ Ralph R. Beistline
RALPH R. BEISTLINE
Senior United States District Judge
Case 3:23-cr-00090-RRB-KFR Document 112 Filed 04/01/24 Page 2 of 2