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U.S. v. BROWN

Nos. 03-15413, 03-15459.

415 F.3d 1257 (2005)

UNITED STATES of America, Plaintiff-Appellee, v. Ronald Keith BROWN, Defendant-Appellant. United States of America, Plaintiff-Appellee, v. Kevin Layne Brown, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

July 8, 2005.

Attorney(s) appearing for the Case

Carlos Alfredo Williams (Court-Appointed), Christopher Knight, Fed. Def. Org., Mobile, AL, for Ronald Brown.

David Andrew Sigler, Donna Barrow Dobbins, Mobile, AL, for U.S.

Gordon G. Armstrong, III (Court-Appointed), Gordon G. Armstrong, III, P.C., Mobile, AL, for Kevin Brown.

Before ANDERSON, CARNES and RONEY, Circuit Judges.

CARNES, Circuit Judge:

Two brothers, Ronald and Kevin Brown, were convicted of conspiracy to distribute 1,4-butanediol, an alleged controlled substance analogue, in violation of 21 U.S.C. § 846. Whether the chemical structure of that substance is "substantially similar" to the chemical structure of the schedule I controlled substance gamma hydroxybutyric acid (GHB), such that it is a "controlled substance analogue" as defined by 21 U.S.C. § 802(32)(A), was...

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