United States Third Circuit

Convictions for crimes involving illegally dispensing prescription veterinary drugs and anabolic steroids are affirmed in part and reversed in part, and the sentence vacated and remanded, where: 1) the jury was not required to find that defendant "illegally" possessed steroids, but merely that he possessed them with intent to distribute; 2) admission of an unavailable witness's prior statement was harmless error; 3) felony convictions for misbranding drugs must be reduced to misdemeanors without proof of intent to defraud; 4) a loss calculation used in sentencing was proper; and 5) a sentence enhancement for violating a prior administrative order was improper where no government agency had specifically directed defendant to cease dispensing drugs.

Appellate Information

• Argued 06/10/2008
• Decided 08/08/2008
• Published 08/08/2008

Judges

• Before:  AMBRO, CHAGARES and GREENBERG, Circuit Judges.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Maureen Kearney Rowley, Chief Federal Defender, Brett G. Sweitzer (Argued), Assistant Federal Defender, David L. McColgin, Assistant Federal Defender, Defender Association of Philadelphia, Federal Court Division, Philadelphia, PA, Counsel for Appellant., Patrick L. Meehan, United States Attorney, Robert A. Zauzmer, Assistant United States Attorney, Chief of Appeals, Anita D. Eve, Assistant United States Attorney, Catherine Votaw (Argued), Assistant United States Attorney, Office of the United State Attorney, Philadelphia, PA.