United States v. Jack Kelly Joseph
Court of Appeals for the Eleventh Circuit
1Opinion of the Court
PRYOR, Circuit Judge:
The main issue presented in this appeal involves a jury instruction about proving a violation of the Controlled Substances Act, 21 U.S.C. § 801 et seq., by medical professionals. A physician, his assistant, and a pharmacist convicted of violating the Act in connection with the operation of a “pill mill” argue that a jury instruction at their trial ran afoul of the decision in Gonzales v. Oregon, 546 U.S. 243, 126 S.Ct. 904, 163 L.Ed.2d 748 (2006), by evaluating their conduct against a national standard of professional practice. The indictment charged Spurgeon Green Jr., a…
2Cases cited46 opinions
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- Gonzales v. OregonSupreme Court of the United States · 2006
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