OPINION AND ORDER ADOPTING REPORT AND RECOMMENDATION
DANIEL R. DOMINGUEZ, District Judge.
Pending before the Court are: (a) Motion to Dismiss Count 5 of the Superseding Indictment as it Pertains to Appearing Defendant Pina-Nieves filed by the defendant Rafael A. Pina-Nieves [2] (hereinafter "Pina-Nieves"), Docket No. 338; (b)
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