U.S. v. STEELE

No. 94-3139.

105 F.3d 603 (1997)

UNITED STATES of America, Plaintiff-Appellee, Cross-Appellant, v. William O. STEELE, Defendant-Appellant, Cross-Appellee.

United States Court of Appeals, Eleventh Circuit.

February 11, 1997.


Attorney(s) appearing for the Case

William H. Mills, Redden, Mills & Clark, Birmingham, AL, for Defendant-Appellant, Cross-Appellee.

P. Michael Patterson, U.S. Attorney, Nancy Hess, Asst. U.S. Atty., Pensacola, FL, for Plaintiff-Appellee, Cross-Appellant.

Before TJOFLAT and BIRCH, Circuit Judges, and SMITH, Senior Circuit Judge.


BIRCH, Circuit Judge:

This appeal presents the issue of whether an indictment charging a pharmacist with dispensing controlled substances in violation of 21 U.S.C. § 841(a)(1) must allege conduct outside the scope of professional practice. The indictment in this case did not allege that the pharmacist's conduct was outside the scope of professional conduct, but the pharmacist was convicted. We REVERSE.

I. BACKGROUND

Defendant-appellant, William...

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