United States v. Binder

OPINION AND ORDER GRANTING DEFENDANT’S MOTION FOR JUDGMENT OF ACQUITTAL AND DISMISSING INDICTMENT

DAVID M. LAWSON, District Judge.

Defendant William Jay Binder is charged in a single-count indictment with unlawfully distributing Schedule II and III controlled substances. The government’s theory is that Binder, while he was a licensed physician, dispensed and prescribed narcotic pain killers “outside the course of professional medical practice and for no legitimate medical purpose.” Indictment at 1-2. Neither side called a physician at trial to testify whether Binder’s professional conduct…