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UNITED STATES v. HOFFNER

No. 84-2464.

777 F.2d 1423 (1985)

UNITED STATES of America, Plaintiff/Appellee, v. Mary M.M. HOFFNER, M.D., Defendant/Appellant.

United States Court of Appeals, Tenth Circuit.

December 2, 1985.

Attorney(s) appearing for the Case

Norman R. Mueller, Haddon, Morgan & Foreman, P.C., Denver, Colo. (Harold A. Haddon with him on brief), for defendant/appellant.

Raymond P. Moore, Asst. U.S. Atty., Denver, Colo. (Robert N. Miller, U.S. Atty., Denver, Colo., with him on brief), for plaintiff/appellee.

Before BARRETT and SEYMOUR, Circuit Judges, and GREENE, District Judge.

BARRETT, Circuit Judge.

Mary Hoffner, M.D., (Appellant or Dr. Hoffner), was convicted of violating 21 U.S.C. § 841(a)(1) and 21 C.F.R. § 1306.04(a), distributing controlled substances (Schedule II), pursuant to prescriptions not issued for a legitimate medical purpose. Dr. Hoffner was acquitted on two counts of the indictment, but convicted on fifteen counts by virtue of a jury verdict rendered September 6, 1984. She appeals from the judgment of conviction...

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