United States v. Harold Spear, III

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 and reach the merits of this appeal because Spear’s knowing and voluntary waiver of his right to appeal his sentence did not extend to this appeal of his conviction by guilty plea. 1

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