74 F.3d 1234 (4th Cir. 1996), 95-5091, U.S. v. Gant

Docket Nº:95-5091, 95-5178.
Citation:74 F.3d 1234
Party Name:UNITED STATES of America, Plaintiff-Appellee, v. Allan L. GANT, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Allan L. GANT, Defendant-Appellant.
Case Date:January 12, 1996
Court:United States Courts of Appeals, Court of Appeals for the Fourth Circuit
 
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Page 1234

74 F.3d 1234 (4th Cir. 1996)

UNITED STATES of America, Plaintiff-Appellee,

v.

Allan L. GANT, Defendant-Appellant.

UNITED STATES of America, Plaintiff-Appellee,

v.

Allan L. GANT, Defendant-Appellant.

Nos. 95-5091, 95-5178.

United States Court of Appeals, Fourth Circuit

January 12, 1996

Editorial Note:

This opinion appears in the Federal reporter in a table titled "Table of Decisions Without Reported Opinions". (See FI CTA4 Rule 36 regarding use of unpublished opinions)

Submitted Nov. 28, 1995.

Appeals from the United States District Court for the Southern District of West Virginia, at Beckley. Elizabeth V. Hallanan, District Judge. (CR-94-88)

S.D.W.Va.

AFFIRMED.

Jeffrey M. Wakefield, FLAHERTY, SENSABAUGH & BONASSO, Charleston, West Virginia, for Appellant. Rebecca A. Betts, United States Attorney, John L. File, Assistant United States Attorney, Charleston, West Virginia, for Appellee.

Before WILKINS, NIEMEYER, and MOTZ, Circuit Judges.

OPINION

PER CURIAM:

Allan L. Gant was convicted by a jury of possession of Demerol (meperidine), 21 U.S.C.A. § 844(a) (West Supp.1995) (Count One), for attempting to possess Percodan (oxycodone), 21 U.S.C.A. § 846 (West Supp.1995) (Count Two), and for possession of Percodan (oxycodone), 21 U.S.C.A. § 843(a)(3) (West Supp.1995) (Count Three). He appeals his convictions as well as the district court's denial of his motion for a new trial and his 15-month sentence. We affirm.

Testimony at Gant's trial established that Gant was an osteopathic physician employed at the Richwood Area Medical Center in Richwood, West Virginia. In 1990 he surrendered his Drug Enforcement Administration registration after he stole Demerol and Valium from the hospital. After that, Gant was not authorized to possess or dispense controlled substances. On Friday, January 14, 1994, Gant asked Dr. Inocencio Perez to prescribe Valium and Tylenol 4 for him. Perez wrote the prescriptions. Later the same day, Gant went to the Richwood emergency room with flu-like symptoms and Dr. Perez gave him injections of 6 milligrams of Decadron (a non-controlled substance) and 150 milligrams of Demerol, the maximum adult dose. Perez went home to Beckley, West Virginia, that evening, and did not work during the weekend.

On Saturday morning, January 15, Gant approached Elizabeth King, the nurse who had the keys to the hospital narcotics cabinet. He told her that the morphine supply needed for certain patients had run out and instructed her to take some morphine from the narcotics cabinet to the floor where it was needed. King was reluctant to open the cabinet. She told Gant she preferred to wait until her replacement arrived because two signatures were needed when narcotics were...

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