ORDER
DAUGHERTY, District Judge.
Upon consideration of the Defendant's Motion to Quash Indictment and Dismiss Prosecution, the Response of the Government thereto, briefs filed in connection with the Motion by both parties and oral arguments heard thereon, the Court finds that said Motion should be sustained as to Count 1 of the Indictment inasmuch as the Plaintiff confesses the Motion as to that Count in view of Leary v. United States,
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