James A. Dismuke, Jr. v. United States

On August 18, 1986, James C. Dismuke, Jr., M.D., pled guilty to two counts of a 164-count superseding indictment charging dispensation of controlled substances not in the usual course of professional practice for a legitimate medical purpose, in violation of 21 U.S.C. § 841(a)(1). Dr. Dismuke was sentenced on December 2, 1986, to two years imprisonment, followed by five years probation, and a $50,000 fine on count one and $50,000 fine on count four. He appeals the district court’s denial of his motion for an extension to file an out-of-time appeal and application for habeas corpus relief…