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UNITED STATES v. KIM

No. 22-4221.

71 F.4th 155 (2023)

UNITED STATES of America, Plaintiff-Appellee, v. Jong Whan KIM, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: June 20, 2023.

Attorney(s) appearing for the Case

ARGUED: Michelle Ann Liguori , ELLIS & WINTERS, LLP, Raleigh, North Carolina, for Appellant. Andrew Kasper , OFFICE OF THE UNITED STATES ATTORNEY, Raleigh, North Carolina, for Appellee. ON BRIEF: Scottie F. Lee , ELLIS & WINTERS LLP, Greensboro, North Carolina, for Appellant. Michael F. Easley, Jr. , United States Attorney, David A. Bragdon , Assistant United States Attorney, Kristine L. Fritz , Assistant United States Attorney, OFFICE OF THE UNITED STATES ATTORNEY, Raleigh, North Carolina, for Appellee.

Affirmed by published opinion. Senior Judge Traxler wrote in the opinion, in which Judge Agee and Judge Hudson joined.

Federal law prohibits the knowing or intentional distribution of a controlled substance "[e]xcept as authorized." 21 U.S.C. § 841(a). Jong Whan Kim, a medical doctor, pleaded guilty to multiple charges under § 841 for prescribing oxycodone and other controlled substances outside the usual course of professional...

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