OPINION AND ORDER
LOVELL, District Judge.
Defendant Gordon Ernest Noble, Sr. moves for dismissal of the indictment; or, in the alternative, for dismissal of Counts II and III of the indictment. The motions, having been briefed fully, are ripe for determination.
MOTION TO DISMISS THE INDICTMENT
Defendant is charged with three counts of violating 18 U.S.C. Appendix § 1202(a), which provides in part:
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