MEMORANDUM OPINION
BLACKBURN, District Judge.
The case is before the court on the Motion to Dismiss Superseding Indictment filed on October 17, 1997 by defendant Lewis Dean Powell ("Powell"). Upon consideration of the record, the relevant law, the submissions of the parties, and the Report and Recommendation of the magistrate judge, the court is of the opinion that Powell's Motion is due to be denied.
I. BACKGROUND
On July 31, 1997...
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