United States v. Kelly

MEMORANDUM AND ORDER

JAMES P. O’HARA, United States Magistrate Judge.

I. Introduction and Background

This misdemeanor case comes before the undersigned U.S. Magistrate Judge, James P. O’Hara, on a motion to dismiss by the defendant, Robin K. Kelly, (doc. 13). The government has filed a response (doc. 14). Defendant has informed the court that she will not file any reply brief.

On February 1, 2008, defendant was charged in an information with driving a vehicle under the influence of alcohol, in violation of 18 U.S.C. § 13, which incorporates Kan. Stat. Ann. § 8-1567. She was also charged with…