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UNITED STATES v. FITZHUGH

No. 85-5750.

801 F.2d 1432 (1986)

UNITED STATES of America v. John W. FITZHUGH, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided September 30, 1986.

Attorney(s) appearing for the Case

P. David Gavin, Washington, D.C., for appellant.

Ann K.H. Simon, Asst. U.S. Atty., with whom Joseph E. diGenova, U.S. Atty. and Michael J. Farrell and Douglas J. Behr, Asst. U.S. Attys., Washington, D.C., were on the brief, for appellee.

Before ROBINSON, BORK and STARR, Circuit Judges.

Opinion for the Court filed by Circuit Judge SPOTTSWOOD W. ROBINSON, III.

SPOTTSWOOD W. ROBINSON, III, Circuit Judge:

A three-year investigation ended when appellant, by agreement with the Government, pleaded guilty to unlawful distribution of Dilaudid, the brand name of a drug containing a Schedule II controlled substance.1 Pursuant to the plea bargain, appellant surrendered voluntarily...

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