ALARCON, Circuit Judge:
Pito Quinata Cruz (Cruz) appeals from the order of the Appellate Division of the United States District Court for the District of Guam (Appellate Division) that affirmed the Superior Court of Guam's (Superior Court) denial of his motion to dismiss his indictment. We have jurisdiction to hear this appeal. 48 U.S.C. § 1424-3(c) (Supp. V 1987); Guam v. Quezada,
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