Memorandum Opinion
GAUVEY, United States Magistrate Judge.
Presently pending before the Court is the defendant's motion to dismiss (Paper No. 10). The Court denies the motion.
I. Background
On December 23, 2002, Michael Dubiel, was charged with possession of a controlled substance in violation of 18 U.S.C. § 844(a) on a violation notice. On March 28, 2003, the defendant pled guilty and was represented by private counsel and sentenced...
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