OPINION AND ORDER
FUSTE, District Judge.
On January 17, 1994, FBI Agent Eliasib Ortiz, Jr., was the victim of an attempted robbery by a group of individuals, including defendants Jose Antonio Marquez and Elvin David Rodriguez. The United States brought charges against defendants under 18 U.S.C. § 111 for assaulting a federal employee while engaged in or on account of the performance of official duties. On motions to dismiss the indictment pursuant...
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