UNITED STATES v. PRENDERGAST

No. 78-1357.

585 F.2d 69 (1978)

UNITED STATES of America, Appellee, v. Thomas R. PRENDERGAST, Appellant.

United States Court of Appeals, Third Circuit.

Decided September 29, 1978.


Attorney(s) appearing for the Case

Charles F. Scarlata, Pittsburgh, Pa., for appellant.

Blair A. Griffith, U. S. Atty., by John P. Panneton, Faye M. Gardner, Asst. U. S. Attys., Pittsburgh, Pa., for appellee.

Before ALDISERT and HIGGINBOTHAM, Circuit Judges, and MEANOR, District Judge.


OPINION OF THE COURT

PER CURIAM.

Appellant, a pharmacist, was tried on a four count indictment. Count I, upon which he was acquitted, charged the unlawful distribution of phentermine contrary to 21 U.S.C. § 841(a)(1). Counts II and III, upon which he was convicted, asserted the making of false and fraudulent statements, in violation of 18 U.S.C. § 1001, and Count IV, on which conviction also ensued, involved appellant's failure to keep required...

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