UNITED STATES v. ACKLEN

No. 81-5544.

690 F.2d 70 (1982)

UNITED STATES of America, Plaintiff-Appellant, v. Thomas M. ACKLEN, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided September 22, 1982.


Attorney(s) appearing for the Case

John H. Cary, U. S. Atty., Knoxville, Tenn., John C. Cook, Asst. U. S. Atty., Chattanooga, Tenn., for plaintiff-appellant.

William H. Ortwein, Ortwein & Associates, Chattanooga, Tenn., for defendant-appellee.

Before EDWARDS, Chief Judge, CONTIE, Circuit Judge, and ENSLEN, District Judge.


CONTIE, Circuit Judge.

Pursuant to 18 U.S.C. § 3731, the government appeals the granting of defendant's motion to suppress evidence obtained during the course of an inspection of his pharmacy conducted in accordance with 21 U.S.C. § 880. Defendant, who operates his own pharmacy, was indicted on 46 counts of forging prescriptions required to be kept on record under the Controlled Substances Act and of obtaining Schedule II drugs by means of a forged prescription...

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