UNITED STATES v. HARRISON

No. 80-7416. Summary Calendar.

628 F.2d 929 (1980)

UNITED STATES of America, Plaintiff-Appellee, v. Jim T. HARRISON, Jr., Defendant-Appellant.

United States Court of Appeals, Fifth Circuit. Unit B.

October 24, 1980.


Attorney(s) appearing for the Case

Hylton B. Dupree, Jr., Marietta, Ga., J. Bernard Knight, Jr., Atlanta, Ga., for defendant-appellant.

Janet F. King, Asst. U.S. Atty., Atlanta, Ga., for plaintiff-appellee.

Before GODBOLD, KRAVITCH and HATCHETT, Circuit Judges.


GODBOLD, Circuit Judge:

Appellant is a doctor of osteopathics, authorized under Georgia law to perform the same services as a medical doctor. He was indicted on 37 counts of distributing controlled substances in violation of 21 U.S.C. § 841(a)(1) and 21 C.F.R. § 1306.1 He appeals from his conviction by a jury on 33 of the 37 counts. We agree with appellant that this case is controlled by U. S. v. Leigh,

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