United States v. Kilmartin

ORDER ON DEFENDANT’S MOTION TO DISMISS

JOHN A. WOODCOCK, JR., District Judge.

Sidney Kilmartin moves to dismiss the indictment on the theories that the Court lacks federal subject matter jurisdiction in *182this case, and that the statute under which he has been charged, 18 U.S.C. § 1716, is unconstitutionally vague in violation of his due process rights. The Court denies Mr. Kilmartin’s motion to dismiss, concluding that it has subject matter jurisdiction and that 18 U.S.C. § 1716 is not unconstitutionally vague.

I. PROCEDURAL BACKGROUND

On November 4, 2014, a federal grand jury indicted Mr.…