United States v. Michael

MEMORANDUM OPINION

Charles R. Simpson III, Senior Judge

This matter is before the court on motion of the defendants, Philip E. Michael, II (“Michael”) and Meds 2 Go Express Pharmacy, Inc. (“Meds 2 Go”), to dismiss Count 1 of the Second Superseding Indictment (“SSI”) charging them with knowingly and intentionally conspiring to unlawfully distribute and dispense controlled *847substances.1,2 The defendants have moved to dismiss these counts for insufficiency of the indictment, citing Hamling v. United States, 418 U.S. 87, 177, 94 S.Ct. 2887, 41 L.Ed.2d 590 (1974) and Russell v. United States, 369…