ORDER

PATRICK J. SCHILTZ, District Judge.

This matter is before the Court on defendant Anthony Pierre Doss's objection to the January 7, 20161 Report and Recommendation ("R&R") of Magistrate Judge Franklin L. Noel. Judge Noel recommends denying Doss's motion to dismiss Count 1 of the Second Superseding Indictment on the ground of duplicity. The Court has conducted a de novo review. See 28 U.S.C. § 636(b)(1); Fed. R. Crim. P. 59(b). Based on that review, the Court adopts the R&R insofar as it applies to Doss.

The Court agrees with Judge Noel that Count 1 charges Doss with only one crime—violating 18 U.S.C. § 924(o) by conspiring to commit an offense under 18 U.S.C. § 924(c)—in two ways: (1) by conspiring to use or carry a firearm during and in relation to a drug trafficking crime and (2) by conspiring to possess a firearm in furtherance of a drug trafficking crime. The Court also agrees with Judge Noel that any risk of duplicity can be fully addressed by giving the jury a unanimity instruction—that is, by instructing the jurors that they cannot find Doss guilty under Count 1unless they unanimously find that he conspired to use or carry a firearm during and in relation to a drug trafficking crime or unanimously find that he conspired to possess a firearm in furtherance of a drug trafficking crime or unanimously find that he entered into both types of conspiracy.

ORDER

Based on the foregoing, and on all of the files, records, and proceedings herein, the Court OVERRULES Doss's objection [ECF No. 299] and ADOPTS the January 7, 2016 R&R [ECF No. 287] insofar as it applies to Doss. IT IS HEREBY ORDERED THAT Doss's motion to dismiss Count 1 of the Second Superseding Indictment [ECF No. 142] is DENIED.