United States v. Stephen Wilbur, M.D.

MORRIS SHEPPARD ARNOLD, Circuit Judge.

In mid-1994, Stephen Wilbur, a physician, was indicted on one count of acquiring morphine “by misrepresentation, fraud, ... deception, or subterfuge.” See 21 U.S.C. § 843(a)(3). About four months later, a jury convicted him of that charge. He appeals, arguing that the evidence was insufficient to sustain his conviction. We agree; we therefore reverse the conviction and remand for the entry of a judgment of acquittal.

I

To sustain a conviction under 21 U.S.C. § 843(a)(3), there must be evidence that “the defendant acquired ... the drugs in question by…