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U.S. v. ELLIS

No. 01-4273.

326 F.3d 550 (2003)

UNITED STATES of America, Plaintiff-Appellee, v. Gary Duane ELLIS, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: April 21, 2003.

Attorney(s) appearing for the Case

ARGUED: Melissa Windham Friedman, Roanoke, Virginia, for Appellant. Barbara Tolliver Wells, United States Department of Justice, Washington, D.C., for Appellee. ON BRIEF: Anthony F. Anderson, Roanoke, Virginia, for Appellant. John Brownlee, United States Attorney, Anthony P. Giorno, Assistant United States Attorney, Roanoke, Virginia, for Appellee.

Before NIEMEYER, WILLIAMS, and MICHAEL, Circuit Judges.

Affirmed by published opinion. Judge NIEMEYER wrote the opinion, in which Judge WILLIAMS joined. Judge MICHAEL wrote a dissenting opinion.

OPINION

NIEMEYER, Circuit Judge:

Gary Duane Ellis was convicted, on three counts, of (1) conspiring to manufacture and sell a misbranded drug, gamma hydroxybutyrate ("GHB"), in violation of 18 U.S.C. § 371, (2) misbranding GHB, in violation of 21 U.S.C. §§ 331(a), (k) and 332(a)(2); and (3) failing...

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