Upon the defendant's motion, the court may strike surplusage from the indictment or information. Unless the defendant was misled and thereby prejudiced, neither an error in a citation nor a citation's omission is a ground to dismiss the indictment or information or to reverse a conviction.

For purposes of an indictment referred to in section 3282 of title 18, United States Code, for which the identity of the defendant is unknown, it shall be sufficient for the indictment to describe the defendant as an individual whose name is unknown, but who has a particular DNA profile, as that term is defined in section 3282. For each count, the indictment or information must give the official or customary citation of the statute, rule, regulation, or other provision of law that the defendant is alleged to have violated. A count may allege that the means by which the defendant committed the offense are unknown or that the defendant committed it by one or more specified means. A count may incorporate by reference an allegation made in another count. It need not contain a formal introduction or conclusion. The indictment or information must be a plain, concise, and definite written statement of the essential facts constituting the offense charged and must be signed by an attorney for the government.

An offense punishable by imprisonment for more than one year may be prosecuted by information if the defendant-in open court and after being advised of the nature of the charge and of the defendant's rights-waives prosecution by indictment. An offense punishable by imprisonment for one year or less may be prosecuted in accordance with Rule 58(b)(1). (B) by imprisonment for more than one year. An offense (other than criminal contempt) must be prosecuted by an indictment if it is punishable:

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