[header] How to defend against multiplicity claims [title] Read the defendant's motion to dismiss. [step] If you are a federal prosecutor, then the defendant filed a motion to dismiss pursuant to rule 12 (b) (3) (b) (ii). If you are a state prosecutor, then the defendant filed the motion pursuant to your state rule. 
You should read the motion as soon as you get it. [substeps] Identify the counts that the defendant believes are multiplicitous.