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031673P.pdf   01/09/2004  United States  v.  Jackie Ray Springer
   U.S. Court of Appeals Case No:  03-1673
   Western District of Missouri   
   Criminal Case - dismissal of indictment. District court's dismissal of 
   indictment for conspiring to distribute controlled substance on the ground 
   that fenfluramine was not a controlled substance at the time at issue is 
   reversed. Although a bill was pending in Congress to remove the drug 
   from the statutory schedule, fenfluramine was listed on the schedule at 
   the time of the events charged in the indictment and district court erred in 
   treating recommendation to remove drug as final rule. (PUBLISHED)