United States Ninth Circuit

A jury instruction is improper if it allows a jury to convict a licensed practitioner under the Controlled Substances Act (CSA), 21 U.S.C. section 841(a) solely on a finding that he has committed malpractice, intentional or otherwise.

Appellate Information

• Argued 04/04/2006
• Decided 07/21/2006
• Published 07/21/2006

Judges

• BETTY B. FLETCHER, Senior Circuit Judge., Before ALFRED T. GOODWIN, B. FLETCHER, and RAYMOND C. FISHER, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Michele R. Moretti, Lake Butler, FL, for the appellant.


• For Appellees:
  
• Paul Charlton, United States Attorney, John Joseph Tuchi, Deputy Appellate Chief, Linda C. Boone, Assistant United States Attorney, Phoenix, AR, for the appellee.