MEMORANDUM and ORDER
D. BROOKS SMITH, District Judge.
Donald Lee Fenton seeks dismissal of Count II of the indictment against him, which alleges that he unlawfully "threaten[ed] to assault and murder John Hugya, legislative aide to John P. Murtha, United States Representative for the Commonwealth of Pennsylvania, 12th Congressional District, with the intent to impede, intimidate, interfere with and retaliate against John Hugya while he was engaged...
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