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U.S. v. KLECKER

No. 02-4961.

348 F.3d 69 (2003)

UNITED STATES of America, Plaintiff-Appellee, v. Richard Lester KLECKER, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: October 27, 2003.

Attorney(s) appearing for the Case

ARGUED: David Wayne Bouchard, Chesapeake, Virginia, for Appellant. Laura P. Tayman, Assistant United States Attorney, United States Attorney's Office, Norfolk, Virginia, for Appellee. ON BRIEF: Paul J. McNulty, United States Attorney, United States Attorney's Office, Norfolk, Virginia, for Appellee.

Before WILKINS, Chief Judge, and HAMILTON, Senior Circuit Judge.

Affirmed by published opinion. Chief Judge WILKINS wrote the opinion, in which Senior Judge HAMILTON joined.

OPINION

WILKINS, Chief Judge:

Richard Lester Klecker was convicted of two offenses involving distribution of 5-methoxy-N,N-diisopropyltryptamine (commonly called "Foxy"). Although Foxy was not listed as a controlled substance when the offenses occurred, the Government alleged that Foxy was an analogue of diethyltryptamine (DET), a schedule...

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