Kentucky attorney imprisoned in diet drug scandal drops bid to overturn guilty verdict

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LEXINGTON, Kentucky — A disbarred attorney serving prison time after being convicted scamming more than 400 clients out of $94.6 million from a $200 million settlement over the diet drug fen-phen has abandoned an attempt to overturn the guilty verdict in his case.

U.S. District Judge Danny C. Reeves granted a request by 59-year-old Shirley A. Cunningham Jr. to drop the appeal. Reeves did so with prejudice, meaning Cunningham cannot raise in the future any issue he brought up during the appeal.

Cunningham filed a motion to withdraw the appeal on Aug. 29, but did not give a reason.

Cunningham and 63-year-old William Gallion, both of Lexington and the original owners of 2007 and 2008 Horse of the Year Curlin, are in federal prison.

Fen-phen was pulled from the market in 1997.

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