UNITED STATES v. IRWIN

No. 81-2088.

661 F.2d 1063 (1981)

UNITED STATES of America, Plaintiff-Appellee, v. James Warren IRWIN, Jr., Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

November 20, 1981.


Attorney(s) appearing for the Case

Phil Burleson, Michael D. McKinley, Dallas, Tex., for defendant-appellant.

Christian Harrison, Asst. U. S. Atty., Tyler, Tex., for plaintiff-appellee.

Before GEE and RUBIN, Circuit Judges, and SPEARS, District Judge.


ALVIN B. RUBIN, Circuit Judge:

A pharmacist appeals from his conviction on two counts of unlawfully dispensing Preludin, a controlled substance, outside the usual course of medical practice. We find his challenges to the jury instructions and the prosecution's remarks during trial without merit. We also conclude that the district court did not err in denying his motion for a new trial based on his post-trial discovery that a state agent whose efforts initiated the...

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