DONALD RUSSELL, Circuit Judge:
The appellant Hooker was indicted on three charges: (I) conspiracy to defraud the United States in violation of 18 U.S.C. § 371 (1982); (II) conspiracy to distribute cocaine in violation of 21 U.S.C. §§ 841 and 846 (1982); and (III) conspiracy to commit a RICO offense in violation of 18 U.S.C. § 1962(c) (1982). Two weeks before trial Hooker moved to dismiss Count III for failure to include one element of the substantive...
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