What is the test for a motion dismissing an order dismissing an indictment?

1 We emphasize that none of these charges have been established by evidence. Upon review of an order dismissing an indictment, however, the indictment must be tested by its sufficiency to charge an offense. United States v. Sampson, 371 U.S. 75, 78-79, 83 S.Ct. 173, 174-175, 9 L.Ed.2d 136 (1962). We must, therefore, accept all of the Government's allegations as true for the purposes of this appeal.

2 21 U.S.C. Sec. 841.

(a) Except as authorized by this subchapter, it shall be unlawful for any person knowingly or intentionally--

(1) to manufacture, distribute, or dispense, or possess with intent to manufacture, distribute, or dispense, a controlled substance; ....