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UNITED STATES v. MOORE

No. 73-1192.

505 F.2d 426 (1974)

UNITED STATES of America v. Thomas W. MOORE, Jr., Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided October 18, 1974.

Certiorari Granted February 18, 1975.

Attorney(s) appearing for the Case

Raymond W. Bergan, Washington, D. C., for appellant. Edward Bennett Williams and Steven M. Umin, Washington, D. C., were on the brief for appellant. John B. Kuhns, Washington, D. C., also entered an appearance for appellant.

Peter C. Schaumber, Asst. U. S. Atty., with whom Harold H. Titus, Jr., U. S. Atty., John A. Terry and Vincent R. Alto, Asst. U. S. Attys., were on the brief for appellee.

Before BAZELON, Chief Judge, and McGOWAN and MacKINNON, Circuit Judges.

Certiorari Granted February 18, 1975. See 95 S.Ct. 1116.

BAZELON, Chief Judge:

Appellant, a licensed physician, was registered under § 822 of the Controlled Substances Act1 to prescribe methadone. He was convicted of violating § 841 of the Act, which forbids prescriptions without authorization. We find § 841 inapplicable to appellant and reverse his conviction.

Our conclusion is reached by force of the established...

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