United States v. Wayne Earl Ellison

BAUER, Circuit Judge.

Defendant-appellant Ellison was tried by a jury on a multiple-count indictment charging him with conspiracy to distribute controlled substances and with several counts of distributing controlled substances in violation of 21 U.S.C. § 841(a)(1). The evidence presented at trial showed that Ellison, a pharmacist, conspired with a physician 1 to distribute controlled substances without a legitimate medical purpose. Upon conviction, Ellison received an 18-month prison sentence on the conspiracy count and 18-month concurrent sentences on the substantive counts. After perfecting…