SETH, Circuit Judge.
The defendant was indicted for possession with intent to distribute a drug alleged to be a Schedule I controlled substance. The defendant entered a guilty plea to the count but reserved the right to appeal the denial of his motion to dismiss the count. The drug here concerned is 3, 4 methylenedioxymethamphetamine.
The basic question on appeal is whether the Drug Enforcement Administration (DEA) had authority to act under the 1984 Act which...
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