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UNITED STATES v. COLLINS

April 16, 1996

UNITED STATES OF AMERICA,
v.
LARRY D. COLLINS, Defendant.



The opinion of the court was delivered by: FOSCHIO

 LESLIE G. FOSCHIO

 UNITED STATES MAGISTRATE JUDGE

 JURISDICTION

 On October 26, 1995, pursuant to 18 U.S.C. § 3401(b), Fed.R.Civ.P. 58(b)(3)(A), Defendant executed a consent to proceed before a magistrate judge in a misdemeanor case.

 BACKGROUND and FACTS *fn1"

 By papers filed December 4, 1995, Collins moved to dismiss the Information on grounds that (1) it failed to allege facts which if proven would constitute the offense, (2) the court should decline jurisdiction under the abstention doctrine, and (3) 18 U.S.C. § 228 as applied is unconstitutional. The Government's response was filed December 20, 1995. Oral argument was held January 23, 1996.

 For the reasons which follow, the motion is DENIED.

 DISCUSSION

 1. Sufficiency of the Information

 The Child Support and Recovery Act of 1992, ("the Act") provides that

 
whoever willfully fails to pay a past due support obligation with respect to a child who resides in another State shall be ...

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