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U.S. v. PELLMANN

No. 10-3626.

668 F.3d 918 (2012)

UNITED STATES of America, Plaintiff-Appellee, v. Roger A. PELLMANN, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided February 10, 2012.

Attorney(s) appearing for the Case

Matthew L. Jacobs (argued), Attorney, Office of the United States Attorney, Milwaukee, WI, for Plaintiff-Appellee.

Brendan J. Rowen (argued), Attorney, Smith, Gunderson & Rowen, S.C., Brookfield, WI, for Defendant-Appellant.

Before FLAUM and SYKES, Circuit Judges, and CONLEY, District Judge.

CONLEY, District Judge.

Roger A. Pellmann was convicted by a jury of (1) distributing fentanyl, a Schedule II narcotic controlled substance in violation of 21 U.S.C. § 841(a)(1); and (2) obtaining morphine by misrepresentation, fraud, and deception in violation of 21 U.S.C. § 843(a)(3). On appeal, Pellmann argues that his conviction should be overturned because the government failed to introduce expert testimony to prove that he distributed Schedule II narcotics...

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