FLAUM, Circuit Judge.
Booker T. Shanks ("Shanks") was convicted by a jury of (1) knowingly and intentionally possessing with the intent to distribute heroin and of (2) knowingly and intentionally possessing with the intent to distribute heroin, within 1,000 feet of a school, in violation of 21 U.S.C. § 841(a)(1) and 21 U.S.C. § 860(a), respectively. Shanks filed a pretrial motion to dismiss count one, for the reason that it was multiplicitous of the charged...
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