MEMORANDUM OPINION
MICHAEL, District Judge.
This matter comes before the court upon Defendant Donato's motion to dismiss the superseding indictment in this case, which motion is joined by Defendant Fraser. The court heard oral argument from Defendant Donato and the Government on October 12, 1994, and has considered the briefs submitted by the parties. For the reasons stated herein, the court must dismiss counts two and three of the indictment, charging...
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