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U.S. v. SPEAR

Nos. 12-10124, 12-10125.

753 F.3d 964 (2014)

UNITED STATES of America, Plaintiff-Appellee, v. Harold C. SPEAR, III, M.D., Defendant-Appellant. United States of America, Plaintiff-Appellee, v. Harold C. Spear, III, M.D., Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed June 5, 2014.

Attorney(s) appearing for the Case

Michael Robert Levine (argued), Law Office of Michael R. Levine, Portland, OR; Sheryl Gordon McCloud , Law Offices of Sheryl Gordon McCloud, Seattle, WA, for Defendant-Appellant.

Cynthia W. Lie (argued), Michael David Nammar and William L. Shipley , Office of the U.S. Attorney, Honolulu, HI, for Plaintiff-Appellee.

Before: ALEX KOZINSKI, Chief Judge, and RAYMOND C. FISHER and PAUL J. WATFORD, Circuit Judges.

OPINION

FISHER, Circuit Judge:

Defendant Harold C. Spear, III, M.D., appeals his conviction by guilty plea to five counts of distributing controlled substances outside the usual course of professional medical practice and not for a legitimate medical purpose. The government argues this appeal should be dismissed based on a provision of the plea agreement that limits Spear's appellate rights. We reject this argument...

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