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MEMORANDUM IN SUPPORT OF DEFENDANT’S MOTION TO DISMISS COUNTS 1 AND 2 OF THE THIRD SUPERSEDING INDICTMENT ON THE GROUNDS THAT 18 U.S.C. § 1512(f)(1), AS IT IS BEING APPLIED IN THIS CASE, VIOLATES THE EX POST FACTO CLAUSE OF THE UNITED STATES CONSTITUTION AND IT VIOLATES DEFENDANT’S RIGHT TO PROCEDURAL DUE PROCESS

MEMORANDUM IN SUPPORT OF DEFENDANT MOTION FOR JUDICIAL REFERRAL TO THE DEPARTMENT OF JUSTICE, OFFICE OF ENFORCEMENT OPERATIONS, FOR
REVIEW OF THIS PROSECUTION TO DETERMINE WHETHER IT SHOULD BE DISMISSED FOR FAILURE TO COMPLY WITH DEPARTMENT
OF JUSTICE POLICIES REGARDING DUPLICATIVE PROSECUTIONS