UNITED STATES v. THOMPSON

No. 79-5510.

624 F.2d 740 (1980)

UNITED STATES of America, Plaintiff-Appellee, v. Frank THOMPSON, D. O., Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

August 22, 1980.


Attorney(s) appearing for the Case

Robert B. Maloney, Frances J. Maloney, Dallas, Tex., for defendant-appellant.

Shirley Baccus-Lobel, Asst. U. S. Atty., Dallas, Tex., for plaintiff-appellee.

Before TJOFLAT, POLITZ and HATCHETT, Circuit Judges.


HATCHETT, Circuit Judge:

Frank Thompson, an osteopathic physician, was convicted on all counts of a six-count indictment charging him with unlawfully dispensing a controlled substance, not in the usual course of professional practice for a legitimate medical purpose. 21 U.S.C. § 841(a)(1). He claims that the indictment fails to charge an offense within the terms of the applicable statute, and that it is multiplicitious...

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