United States Eighth Circuit

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.

Appellate Information

• Decided 07/28/2009
• Published 07/28/2009

Judges

• MELLOY, Circuit Judge., Before LOKEN, Chief Judge, MELLOY and BENTON, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Katherine M. Menendez, AFPD, argued, Minneapolis, MN, for appellant.


• For Appellees:
  
• Nicole Ann Engisch, AUSA, argued, Minneapolis, MN, for appellee.