AMENDED ORDER
BAKER, District Judge.
The defendant was indicted on December 7, 1981, and charged with violating 18 U.S.C. § 654. The defendant has moved to dismiss the indictment for failure to state facts sufficient to support the charged violation.
The indictment charges the defendant with violating 18 U.S.C. § 654, and makes the following pertinent allegations:
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