The opinion of the court was delivered by: FOSCHIO
UNITED STATES MAGISTRATE JUDGE
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
Defendant Collins was charged by information filed October 13, 1995 with a single violation of 18 U.S.C. § 228, the Child Support Recovery Act of 1992. Specifically, the Information alleges that Collins, who was then and remains a resident of California, was ordered, on September 14, 1993, as modified November 3, 1993 by a California state court, to pay child support to Collins' infant child who has resided in Buffalo since April, 1991, and that Collins has, beginning in May, 1993 failed to pay such support. The Information alleges further that in November, 1993, New York state sought to enforce Collins' support obligation by filing a petition pursuant to the Uniform Reciprocal Enforcement Support Act in the Superior Court of California. According to the Information, as of May 31, 1994, Collins' arrearage in his support obligation was $ 24,000. However, Defendant states, on information and belief, that his daughter moved to the Buffalo, New York area following entry of the divorce decree. On April 18, 1995, Collins petitioned the California Superior Court to modify the support order entered September 14, 1993 as modified on November 3, 1993. Collins was arraigned in this court on October 26, 1995 and pleaded not guilty.
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.
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 ...