United States District Court, N.D. Georgia, Atlanta Division
FINAL REPORT AND RECOMMENDATION
GERRILYN G. BRILL, Magistrate Judge.
Pending before the court are several motions by the Defendant to dismiss Count One of the Indictment (Docs. 17, 26, 27, 28. The government filed a response conceding that Count One of the Indictment is defective because it fails to state an offense and should be dismissed for that reason. (Doc. 31).
Accordingly I recommend that the Motion to Dismiss Count One for Failure to State an Offense (Doc. 28 be GRANTED and the remaining motions to dismiss Count One (Docs. 17, 26, and 27 be DENIED AS MOOT.
There are no pending matters before me. The government states that it intends to file a superseding indictment. If and when this is done, the case may be de-certified and referred back to me for a pre-trial conference on the superseding indictment. In the meantime, it ...