Conviction for various crimes related to the distribution of prescription drugs over the internet without valid prescriptions is affirmed where: 1) the district court did not err in instructing the jury to measure the usual course of professional practice under 21 U.S.C. sec. 841(a)(1) and 21 C.F.R. Sec. 1306.04 with reference to generally recognized and accepted medical practices and not a doctor’s self-defined particular practice; 2) the jury was properly instructed on the offense of introducing a misbranded drug into interstate commerce; 3) the court did not err in allowing expert testimony on the standard of care to which a doctor must adhere in order to prescribe a controlled substance; 4) the court committed no reversible error on its other challenged evidentiary rulings; and 5) the evidence was sufficient to support defendant’s conviction. Sentence is vacated and remanded in light of the decision in Gall.
Read US v. Smith, No. 07-2956
Appellate InformationAppeal from the United States District Court for the District of Minnesota. Submitted: February 11, 2009Filed: July 28, 2009
JudgesBefore LOKEN, Chief Judge, MELLOY and BENTON, Circuit Judges.Opinion by MELLOY, Circuit Judge.LOKEN, Chief Judge, concurring in part and dissenting in part.
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