United States Fifth Circuit

Convictions arising from defendants' involvement in two Internet-based pharmacies that dispensed controlled substances to thousands of customers without valid prescriptions are affirmed over claims of error regarding: 1) the legal sufficiency of an indictment and jury instructions on counts charging a defendant with dispensing a controlled substance not in the usual course of professional practice; 2) other jury instructions; 3) sufficiency of the evidence; 4) denial of motions for a new trial; and 5) admissibility of evidence.

Appellate Information

• Decided 10/17/2006
• Published 10/18/2006

Judges

• KING, Circuit Judge:, Before KING, GARWOOD and JOLLY, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Daniel D. Guess (argued), Susan B. Cowger, Dallas, TX, for Plaintiff-Appelee., Franklyn Ray Mickelsen, Jr. (argued), Broden & Mickelsen, Dallas, TX, for Clayton H. Fuchs., F. Clinton Broden (argued), Broden & Mickelsen, Dallas, TX, for Eugene Gonzales., Michael P. Gibson (argued), Burleson, Pate & Gibson, Dallas, TX, for Waldrick Lemons.