MEMORANDUM AND ORDER
LASKER, District Judge.
Cafiero moves to dismiss the instant indictment charging defendant with interference with a flight crew under 49 U.S.C. § 46504. Cafiero contends: (1) that the Court lacks subject matter jurisdiction over the offense charge and, alternatively, that the indictment fails to state an offense under 49 U.S.C. § 46504; and (2) that the indictment was the result of prosecutorial vindictiveness.
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