KOELSCH, Circuit Judge.
The question before us is whether Appellant Gilinsky was wrongfully convicted on separate counts of an indictment which, it is claimed, define at most a single offense. Until a factual issue upon which the answer depends is actually resolved by the court below, however, the question is not ripe for review. Accordingly, we vacate the order of the district court and remand for a factual determination.
Briefly stated, the facts are these...
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