Nos. 90-3244, 90-3245.

933 F.2d 1029 (1991)

UNITED STATES of America v. Amin SHABAZZ, Appellant. UNITED STATES of America v. Richard McNEIL, a/k/a Dickie, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided May 28, 1991.

Attorney(s) appearing for the Case

Jensen E. Barber (appointed by the Court), with whom Diane S. Lepley (appointed by the Court) was on the joint brief, for appellants, Amin Shabazz in 90-3244 and Richard McNeil in 90-3245.

James N. Plamondon, Asst. U.S. Atty., with whom Jay B. Stephens, U.S. Atty., and John R. Fisher and Kathleen A. Brandon, Asst. U.S. Attys., were on the brief, for appellee.

Before SENTELLE, THOMAS and HENDERSON, Circuit Judges.

Opinion for the Court filed by Circuit Judge THOMAS.


Dilaudid is a brand-name, pharmaceutically manufactured drug prescribed as a pain killer. The active ingredient in dilaudid is hydromorphone, a substance controlled under schedule II of 21 U.S.C. § 812. See 21 C.F.R. § 1308.12(b)(1)(11). Amin Shabazz and Richard McNeil pleaded guilty to drug offenses involving dilaudid pills. Their sentences were calculated...

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