ORDER
D. LOWELL JENSEN, District Judge.
On April 24, 2009, defendant Ethan Berry (Berry) filed a motion to dismiss the sole count of the indictment. On June 12, 2009 this Court held a hearing on the matter. Attorney Stephen Corrigan appeared on behalf of the United States and defendant was represented by Attorney Patrick Robbins. Having reviewed the papers and having heard oral argument on this matter, the Court finds the following.
I. BACKGROUND...
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