United States v. Dexter A. Forbes

Opinion for the court filed by Circuit Judge MacKINNON.

MacKINNON, Circuit Judge:

Appellant Forbes was adjudged to be guilty of possessing phenmetrazine (Pre-ludin) in violation of section 844(a) of the Controlled Substances Act. 1 He appeals to this court, contending that his possession was legal because the specific drugs that were found in his coat pockets had been obtained by two other persons pursuant to valid prescriptions from a medical practitioner acting in the course of his professional practice. We hold that under the statute the mere introduction of the labels on drugs prescribed…