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UNITED STATES v. BARTEE

No. 72-1759.

479 F.2d 484 (1973)

UNITED STATES of America, Plaintiff-Appellee, v. Roy A. BARTEE, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

Decided May 22, 1973.

Rehearing Denied June 14, 1973.

Attorney(s) appearing for the Case

Paul D. Cooper, Asst. U. S. Atty. (James L. Treece, U. S. Atty., on the brief), for plaintiff-appellee.

Hugh J. McClearn, Denver, Colo. (Gregory A. Thomas, Boulder, Colo., and Van Cise, Freeman, Tooley & McClearn, Denver, Colo., on the brief), for defendant-appellant.

Samuel P. Guyton and Eugene F. McGuire, Denver, Colo., and Holland & Hart, Denver, Colo., of counsel, for The Denver Medical Society, as amicus curiae.

Before SETH, McWILLIAMS and DOYLE, Circuit Judges.

McWILLIAMS, Circuit Judge.

Dr. Roy A. Bartee, a licensed doctor of medicine, was convicted on two counts of dispensing a controlled substance in violation of 21 U.S.C. § 841(a) (1). In one count, Dr. Bartee was convicted of knowingly and intentionally dispensing Percodan on February 29, 1972, to Ronald Baker, a special agent with the Federal Bureau of Narcotics and Dangerous Drugs, which agency will hereinafter be referred to as BNDD. In another count, Dr. Bartee...

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