MEMORANDUM AND ORDER
BESOSA, District Judge.
Before the Court is defendant's motion to dismiss, (Docket No. 27), in which he argues that, considering the evidence provided by the government, it will be unable to prove Count II of the indictment. (Docket No. 27 at 4-5.) Count II charges a violation of 18 U.S.C. § 1028A, specifically that "defendant ..., did knowingly transfer, possess, and use, without lawful authority, a means of identification of another...
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