United States v. Clifford T. Green, United States of America v. Pay Ming Leu

SPRECHER, Circuit Judge.

These consolidated appeals raise the same principal issue: whether indictments against physicians and a pharmacist (registrants under the Controlled Substances Act, 21 U.S.C. § 801 et seq.) for the dispensing or distributing of controlled substances pursuant to prescriptions allegedly issued without a legitimate medical purpose or outside the usual course of professional practice, properly charge crimes under 21 U.S.C. § 841(a) 1 and 21 C.F.R. § 306.04(a). 2

I

In 74-1428, et al., the defendants below were: Valeriano Suarez, a physician who practiced at the Central West…