Order

On April 29, 2004, the government filed the Second Superceding Indictment against the defendant, Dr. Morris [Docket 68]. Pending before the court is the defendant's motion to dismiss Count Four and Five of this indictment [Docket 84]. Federal Rule of Criminal Procedure 7(c)(1) provides that, "[t]he indictment...must be a plain, concise, and definite written statement of the essential facts constituting the offense charged...." Further, the Fourth Circuit has held that to be sufficient, "an indictment must contain the elements of the offense charged, fairly inform the defendant of the charges, and enable the defendant to plead double jeopardy as a defense in a future prosecution for the same offense." United States v. Loayza, 107 F.3d 257, 260 (4th Cir. 1997) (citation omitted).