U.S. v. POLAN

No. 91-3683.

970 F.2d 1280 (1992)

UNITED STATES of America v. William S. POLAN, George H. Wehner, Sr., William S. Polan, Appellant.

United States Court of Appeals, Third Circuit.

Decided July 29, 1992.


Attorney(s) appearing for the Case

Thomas S. White, Federal Public Defender, W. Penn Hackney, First Asst. Public Defender, Karen Sirianni Gerlach (Argued), Asst. Federal Public Defender, Pittsburgh, Pa., for appellant, William S. Polan.

Thomas W. Corbett, Jr., U.S. Atty., Constance M. Bowden (Argued), Asst. U.S. Atty., Pittsburgh, Pa., for appellee, U.S.

Before STAPLETON, ALITO and ALDISERT, Circuit Judges.


OPINION OF THE COURT

ALITO, Circuit Judge:

The defendant, a physician, was indicted and convicted for one count of conspiracy to distribute oxycodone, a schedule II controlled substance, in violation of 21 U.S.C. § 846, and 31 counts of distributing oxycodone, in violation of 21 U.S.C. § 841(a)(1) and (b)(1)(C). The evidence showed that George Wehner, who testified for the prosecution, periodically sent individuals to the defendant's residence...

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