U.S. v. Clinical Leasing Service, Inc., No. 90-3251

CourtUnited States Courts of Appeals. United States Court of Appeals (5th Circuit)
Writing for the CourtBefore JOHNSON, SMITH and WIENER; JOHNSON
Citation930 F.2d 394
PartiesUNITED STATES of America, Plaintiff-Appellee, v. CLINICAL LEASING SERVICE, INC. d/b/a Delta Women's Clinic, Inc. and Delta Women's Clinic, Delta Women's Clinic, Inc., Kiat Varnishung, M.D., Roy Claude Wood, Jr., M.D., Richardson B. Glidden, M.D., Defendant-Appellants. Summary Calendar.
Decision Date17 April 1991
Docket NumberNo. 90-3251

Page 394

930 F.2d 394
UNITED STATES of America, Plaintiff-Appellee,
v.
CLINICAL LEASING SERVICE, INC. d/b/a Delta Women's Clinic,
Inc. and Delta Women's Clinic, Delta Women's Clinic, Inc.,
Kiat Varnishung, M.D., Roy Claude Wood, Jr., M.D.,
Richardson B. Glidden, M.D., Defendant-Appellants.
No. 90-3251
Summary Calendar.
United States Court of Appeals,
Fifth Circuit.
April 17, 1991.

Lawrence Blake Jones, David C. Whitmore, Scheuermann and Jones, New Orleans, La., for Delta et al.

William F. Wessel, Victoria L. Bartels, Charlotte A. Lagarde, Wessel, Bartles & Ciaccio, New Orleans, La., for Dr. Varnishung.

Charles Cotton, Thomas Landers Watson, Nancy Ann Nungesser, Asst. U.S. Attys., Harry Rosenberg, U.S. Atty., New Orleans, La., for Clinical Leasing.

Appeals from the United States District Court for the Eastern District of Louisiana.

ON SUGGESTIONS FOR REHEARING EN BANC

(Opinion March 1, 1991, 5th Cir., 925 F.2d 120)

Before JOHNSON, SMITH and WIENER, Circuit Judges.

JOHNSON, Circuit Judge:

Clinical Leasing Service, Inc., and three affiliated doctors, Kiat Varnishung, Roy Claude Wood, Jr., and Richardson B. Glidden, appeal the district court's imposition of civil penalties for the dispensation of controlled substances without proper registration. On March 1, 1991, this Court ruled that the judgment of the district court was based upon findings of fact which were not clearly erroneous and, therefore, affirmed under Local Rule 47.6 the district court's decision. United States v. Clinical Leasing Service, Inc., 925 F.2d 120 (5th Cir.1991). The defendants have subsequently filed petitions for rehearing en banc. While we are persuaded that the defendants' petition does not change the original disposition of their appeal, we find it necessary to clarify our original opinion.

Page 395

Any party who distributes or authorizes the distribution of controlled substances without adequate registration is subject to civil penalties. 21 U.S.C. Sec. 842(a)(1) (1988). 1 Federal law requires a separate registration at each "principal place of business or professional practice where the applicant manufactures, distributes, or dispenses controlled substances." Id. Sec. 822(e) (1988). A regulation of the DEA specifically describes those locations in which separate registration is required. 21 C.F.R. Sec. 1301.23 (1990). Section 1301.23 provides, in pertinent part:

(a) A separate registration is required for each principal place of business or professional practice at one general physical location where controlled substances are manufactured, distributed, or dispensed by a person.

(b) The following locations shall be deemed not to be places where controlled substances are manufactured, distributed, or dispensed:

. . . . .

(3) An office used by a practitioner (who is registered at another location) where controlled substances are prescribed but neither administered nor otherwise dispensed as a regular part of the professional practice of the practitioner at such office, and where no supplies of controlled substances are maintained.

Id. (emphasis added). This Court in its original opinion concluded that these federal registration provisions are not unconstitutionally vague. Clinical Leasing Service, Inc., 925 F.2d at 123.

In their petitions for rehearing, the defendants argue that this Court did not properly analyze the federal registration...

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3 practice notes
  • Baris v. Sulpicio Lines, Inc., No. 90-2646
    • United States
    • United States Courts of Appeals. United States Court of Appeals (5th Circuit)
    • 17 d1 Junho d1 1991
    ...a reply brief. E.g., Najarro v. First Fed. Sav. & Loan, 918 F.2d 513, 516 (5th Cir.1990); United States v. Clinical Leasing Serv., Inc., 930 F.2d 394, 395 n. 1 (5th Cir.1991) (on petition for rehearing); Peteet v. Dow Chem. Co., 868 F.2d 1428, 1437 (5th Cir.1989) (citing cases); United Stat......
  • U.S. v. Winn, No. 90-1110
    • United States
    • United States Courts of Appeals. United States Court of Appeals (5th Circuit)
    • 20 d3 Novembro d3 1991
    ...reply brief. Baris v. Sulpicio Lines, Inc., 932 F.2d 1540, 1546 n. 9 (5th Cir.1991); United States v. Clinical Leasing Serv., Inc., 930 F.2d 394, 395 n. 1 (5th Cir.1991) (on petition for rehearing); Najarro v. First Fed. Sav. and Loan Ass'n, 918 F.2d 513, 516 (5th Cir.1990). Rejection of th......
  • United States v. Butterbaugh, C14-515 TSZ
    • United States
    • United States District Courts. 9th Circuit. United States District Court (Western District of Washington)
    • 5 d3 Agosto d3 2015
    ...2006 revision to § 1301.12(b)(3) has little relevance to the issues before the Court. 7. United States v. Clinical Leasing Serv., Inc., 930 F.2d 394 (5th Cir. 1991), which was cited by the Government, is not controlling. Contrary to the Government's assertion, Clinical Leasing did not defin......
3 cases
  • Baris v. Sulpicio Lines, Inc., No. 90-2646
    • United States
    • United States Courts of Appeals. United States Court of Appeals (5th Circuit)
    • 17 d1 Junho d1 1991
    ...a reply brief. E.g., Najarro v. First Fed. Sav. & Loan, 918 F.2d 513, 516 (5th Cir.1990); United States v. Clinical Leasing Serv., Inc., 930 F.2d 394, 395 n. 1 (5th Cir.1991) (on petition for rehearing); Peteet v. Dow Chem. Co., 868 F.2d 1428, 1437 (5th Cir.1989) (citing cases); United Stat......
  • U.S. v. Winn, No. 90-1110
    • United States
    • United States Courts of Appeals. United States Court of Appeals (5th Circuit)
    • 20 d3 Novembro d3 1991
    ...reply brief. Baris v. Sulpicio Lines, Inc., 932 F.2d 1540, 1546 n. 9 (5th Cir.1991); United States v. Clinical Leasing Serv., Inc., 930 F.2d 394, 395 n. 1 (5th Cir.1991) (on petition for rehearing); Najarro v. First Fed. Sav. and Loan Ass'n, 918 F.2d 513, 516 (5th Cir.1990). Rejection of th......
  • United States v. Butterbaugh, C14-515 TSZ
    • United States
    • United States District Courts. 9th Circuit. United States District Court (Western District of Washington)
    • 5 d3 Agosto d3 2015
    ...2006 revision to § 1301.12(b)(3) has little relevance to the issues before the Court. 7. United States v. Clinical Leasing Serv., Inc., 930 F.2d 394 (5th Cir. 1991), which was cited by the Government, is not controlling. Contrary to the Government's assertion, Clinical Leasing did not defin......

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