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UNITED STATES v. HAYES

No. 78-5347.

595 F.2d 258 (1979)

UNITED STATES of America, Plaintiff-Appellee, v. Timothy Alden HAYES, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied June 14, 1979.

Attorney(s) appearing for the Case

James A. Moore, Houston, Tex., for defendant-appellant.

J. A. Canales, U. S. Atty., John M. Potter, George A. Kelt, Jr., Carl Walker, Jr., James R. Gough, Asst. U. S. Attys., Houston, Tex., for plaintiff-appellee.

Before GODBOLD, SIMPSON and RONEY, Circuit Judges.

Rehearing and Rehearing En Banc Denied June 14, 1979.

GODBOLD, Circuit Judge:

Hayes, a registered pharmacist, was convicted of one count of conspiracy to distribute Schedule II controlled substances in violation of 21 U.S.C. § 841(a) (1) and 21 C.F.R. 1306.04(a) promulgated thereunder and 35 counts of distribution of Schedule II drugs pursuant to prescriptions which he knew bore false names or were not issued in the usual course of professional practice...

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