Skip to main content
Please enter a legal issue and/or a location
Begin typing to search, use arrow keys to navigate, use enter to select

Find a Lawyer

More Options

US v. Smith, No. 07-2956

By FindLaw Staff on July 28, 2009 | Last updated on March 21, 2019

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 Information
Appeal from the United States District Court for the District of Minnesota.
Submitted: February 11, 2009
Filed: July 28, 2009

Before LOKEN, Chief Judge, MELLOY and BENTON, Circuit Judges.
Opinion by MELLOY, Circuit Judge.
LOKEN, Chief Judge, concurring in part and dissenting in part.

You Don’t Have To Solve This on Your Own – Get a Lawyer’s Help

Meeting with a lawyer can help you understand your options and how to best protect your rights. Visit our attorney directory to find a lawyer near you who can help.

Or contact an attorney near you:
Copied to clipboard