ORDER ON MOTION TO DISMISS OR ARREST JUDGMENT
STEVEN D. MERRYDAY, District Judge.
The defendant, Ronald Evan Mays, moves (Doc. 56) to dismiss or to arrest judgment as to Count Two of the indictment. The defendant "contends that Count Two of the Superseding Indictment is a lesser included offense of Count One, and that, therefore, the judgment on Count Two violates the double jeopardy clause." The defendant reasons that "the offense of simple assault...
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