Azen v. Drug Enforcement Agency, No. 94-70124

CourtUnited States Courts of Appeals. United States Court of Appeals (9th Circuit)
Citation76 F.3d 384
Decision Date09 February 1996
PartiesNOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Stanley Alan AZEN, M.D., Petitioner, v. DRUG ENFORCEMENT AGENCY, United States of America, et al., Respondent.
Docket NumberNo. 94-70124

Page 384

76 F.3d 384
NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.
Stanley Alan AZEN, M.D., Petitioner,
v.
DRUG ENFORCEMENT AGENCY, United States of America, et al., Respondent.
No. 94-70124.
United States Court of Appeals, Ninth Circuit.
Argued and Submitted Nov. 17, 1995.
Decided Feb. 9, 1996.

Before: FLETCHER, CANBY, and HAWKINS, Circuit Judges.

MEMORANDUM *

Stanley Alan Azen appeals the Drug Enforcement Administration's ("DEA") revocation of his certificate of registration to dispense and distribute controlled substances. See 21 U.S.C. § 822(a), (f). Azen is a currently practicing doctor whose registration was revoked because of a felony conviction for possession of cocaine and because of his long-term drug abuse. This court has jurisdiction pursuant to 21 U.S.C. § 877. We affirm the decision of the Acting DEA Administrator because the decision was not arbitrary or capricious.

I.

We will not recite the facts of this case in detail because the parties are familiar with them, and there is no dispute in this case regarding the facts. We will review briefly, however, the procedural history.

In 1992 the Deputy Assistant DEA Administrator issued an Order to Show Cause to Azen, proposing to revoke Azen's certificate of registration pursuant to 21 U.S.C. § 824 and to deny his pending application for renewal of registration pursuant to 21 U.S.C. § 823. After holding a two-day hearing, the Administrative Law Judge ("ALJ") found that Azen had abused controlled substances for many years, and that Azen had not adequately "recognized and dealt with the severity of his problem." The ALJ found that Azen's 1991 felony conviction for possession of cocaine and Azen's past drug use established grounds for revoking Azen's DEA registration. See In re Azen, No. 92-54, (DEA Oct. 18, 1993) (final administrative review). There was no evidence that Azen's violations involved his licensed access to narcotics, or that they affected his medical practice.

On review, the Administrator adopted most of the findings of the ALJ. The Administrator found, in pertinent part, that Azen had "abused drugs for a significant period of time," and that Azen had not "demonstrated a life long commitment to drug rehabilitation." Stanley Alan Azen, M.D., 59 Fed.Reg. 10168, 10170 (DEA 1994) (revocation of registration). The Administrator noted that DEA Administrators have consistently held that a felony conviction for drug use, unrelated to the registrant's DEA registration, is a valid ground for revocation. Id. (citing William H....

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3 practice notes
  • Decisions and Orders:
    • United States
    • Federal Register September 30, 2011
    • September 30, 2011
    ...controlled substances under the third public interest factor. In Stanley Alan Azen, M.D., 61 FR 57893, 57895 (1996), aff'd, Azen v. DEA, 76 F.3d 384 (9th Cir. 1996), a state felony conviction for possession of cocaine was held to be relevant to Factor 3. Likewise, in Jeffrey Martin Ford, D.......
  • Suspension of Registrations:
    • United States
    • Federal Register August 01, 2011
    • August 1, 2011
    ...to convictions involving possession of actual narcotics, in Stanley Alan Azen, M.D., 61 FR 57893, 57895 (1996), aff'd, Azen v. DEA, 76 F.3d 384 (9th Cir. 1996), a state felony conviction for possession of cocaine was held to be relevant to Factor 3. Likewise, in Jeffrey Martin D.D.S., 68 FR......
  • Denials of Applications:
    • United States
    • Federal Register April 11, 2011
    • April 11, 2011
    ...a registration during this period, thus denying him of the means to issue more fraudulent prescriptions. Respondent cites Azen v. DEA, 76 F.3d 384 (tablet) (9th Cir. 1996), an unpublished decision, as support for his contention that in light of his evidence of rehabilitation, it would be ``......

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