OPINION AND ORDER
BESOSA, District Judge.
On August 25, 2008, defendant Edwin Aviles-Sierra ("Aviles-Sierra" or "defendant") filed a motion to dismiss the superseding indictment arguing vindictive prosecution (Docket No. 109). The defendant filed a second motion to dismiss on August 31, 2008 alleging a violation of Federal Rule of Criminal Procedure 16 (Docket No. 112). The government opposed the first motion to dismiss on September 5, 2008 (Docket No. 115...
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