OPINION and ORDER
RUDY LOZANO, District Judge.
This matter is before the Court on Defendant James Patrick's Motion to Dismiss, filed on October 26, 2009. For the reasons set forth below, Defendant's motion to dismiss is
BACKGROUND
On June 19, 2009, Defendant was charged in an indictment with three counts of using a communication facility to facilitate the commission of a felony violation of 21 U.S.C. section...
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