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U.S. v. STEELE

No. 94-3139.

117 F.3d 1231 (1997)

UNITED STATES of America, Plaintiff-Appellee, Cross-Appellant, v. William O. STEELE, Defendant-Appellant, Cross-Appellee.

United States Court of Appeals, Eleventh Circuit.

July 24, 1997.

Attorney(s) appearing for the Case

Leo A. Thomas, Pensacola, FL, William H. Mills, Redden, Mills & Clark, Birmingham, AL, for defendant-appellant, cross-appellee.

P. Michael Patterson, U.S. Attorney, Nancy Hess, Asst. U.S. Attorney, Pensacola, FL, William Wagner, U.S. Attorney's Office, Gainesville, FL, for plaintiff-appellee, cross-appellant.

Before TJOFLAT and BIRCH, Circuit Judges, and SMITH Senior Circuit Judge.

ON PETITION FOR REHEARING

BIRCH, Circuit Judge.

The government petitions for a panel rehearing. We grant the petition and substitute the following opinion for the previous opinion reported at 105 F.3d 603 (11th Cir. 1997).

I. OVERVIEW

This appeal presents the issue of whether an indictment charging a pharmacist with dispensing controlled substances in violation of 21 U.S.C. § 841(a)(1) must allege...

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