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UNITED STATES v. DUNBAR

Nos. 78-1602, 78-5050.

614 F.2d 39 (1980)

UNITED STATES of America, Plaintiff-Appellee, v. William George DUNBAR, M. D., Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

February 28, 1980.

Attorney(s) appearing for the Case

Randall M. Clark, Brunswick, Ga., for defendant-appellant.

Wm. T. Moore, Jr., U. S. Atty., Katherine L. Henry, William H. McAbee, II, Asst. U. S. Attys., Savannah, Ga., Wade Livingston, c/o William C. Bryson, Washington, D. C., for plaintiff-appellee.

Before COLEMAN, Chief Judge, WISDOM and RONEY, Circuit Judges.

PER CURIAM:

William George Dunbar, a doctor, was convicted by a jury on five counts of distributing a controlled substance, by means of a prescription not in the usual course of medical practice. 21 U.S.C.A. § 841(a)(1). A panel of this Court vacated his convictions on the ground that Dunbar's filing of a notice of appeal from the district court's denial of a double jeopardy motion divested that court of jurisdiction to try him pending the appeal. United States...

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