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UNITED STATES v. SCHUSTER

No. 84-4705.

778 F.2d 1132 (1985)

UNITED STATES of America, Plaintiff-Appellee, v. Richard E. SCHUSTER, M.D., Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

December 23, 1985.

Attorney(s) appearing for the Case

Johnston & Younger, Jerry T. Johnston, Michael P. Younger, Brandon, Miss., for defendant-appellant.

George Phillips, U.S. Atty., James B. Tucker, Asst. U.S. Atty., Jackson, Miss., for plaintiff-appellee.

Before GARZA, POLITZ and HILL, Circuit Judges.

POLITZ, Circuit Judge.

Richard E. Schuster, M.D. was convicted of conspiracy and substantive counts involving the unlawful dispensing and distribution of controlled substances, 21 U.S.C. §§ 846 and 841(a)(1). The sentence imposed included a period of confinement, probation, and a fine of $100,000. Schuster appealed. Acting pursuant to a motion under Rule 38(a)(3) of the Federal Rules of Criminal Procedure, the district court entered an order directing Schuster...

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