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U.S. v. YEAGER

No. 02-11265.

331 F.3d 1216 (2003)

UNITED STATES of America, Plaintiff-Appellee, v. David Neil YEAGER, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

May 29, 2003.

Attorney(s) appearing for the Case

Reid Allen Page, Sheldon Krantz, Piper Rudnick, LLP, Washington, DC, Frederick G. Helmsing, Helmsing, Sims & Leach, P.C., Mobile, AL, for Defendant-Appellant.

Leigh Lichty Pipkin, David P. York, Mobile, AL, for Plaintiff-Appellee.

Before BIRCH, DUBINA and KRAVITCH, Circuit Judges.

BIRCH, Circuit Judge:

We hereby VACATE our prior opinion in this case, filed on 12 March 2003, and substitute this opinion in its place.

In this case, an appeal of conviction and sentence of certain federal mail fraud offenses relating to the distribution of pharmaceuticals, we consider the proper loss calculation under U.S.S.G. § 2F1.1 when a defendant who possesses a restricted right to distribute a product...

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