MEMORANDUM RULING
TRIMBLE, District Judge.
Presently before the court are the defendants' motions to dismiss the indictment based upon the government's charging the defendants with a violation of state law under the Assimilative Crimes Act ("ACA"), instead of under 18 U.S.C. § 1111.
The ACA, 18 U.S.C. § 13, states (in pertinent part) that:
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