OPINION AND ORDER DENYING DEFENDANT'S MOTION TO DISMISS COUNTS III & IV OF INDICTMENT
DUGGAN, District Judge.
On September 11, 1997, the grand jury returned a four-count first superseding indictment against Defendant James Armstrong, charging Defendant with conspiracy to distribute and to possess with intent to distribute cocaine (count I), aiding and abetting (count II), attempted possession with intent to distribute cocaine (count III), and...
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