ORDER
BRITT, Chief Judge.
A three-count indictment returned by the grand jury of this district contains the following charges:
1. FIRST COUNT. That defendant and his co-defendant, Rudolph Condary Baker, possessed with intent to distribute cocaine.
2. SECOND COUNT. That the co-defendant, Rudolph Condary Baker, distributed cocaine.
3. THIRD COUNT. "That on or about the 3rd day of April, 1985, in the Eastern District of North Carolina...
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