U.S. v. Jackson, No. 77-5636

CourtUnited States Courts of Appeals. United States Court of Appeals (5th Circuit)
Writing for the CourtBefore THORNBERRY, GODBOLD and RUBIN; THORNBERRY
Citation576 F.2d 46
PartiesUNITED STATES of America, Plaintiff-Appellee, v. Roosevelt Peter JACKSON, Defendant-Appellant. Summary Calendar. *
Docket NumberNo. 77-5636
Decision Date05 July 1978

Page 46

576 F.2d 46
UNITED STATES of America, Plaintiff-Appellee,
v.
Roosevelt Peter JACKSON, Defendant-Appellant.
No. 77-5636
Summary Calendar. *
United States Court of Appeals,
Fifth Circuit.
July 5, 1978.

Page 47

Marvin S. Arrington, John J. Goger, Atlanta, Ga., for defendant-appellant.

William L. Harper, U. S. Atty., Robert A. Boas, Asst. U. S. Atty., Atlanta, Ga., for plaintiff-appellee.

Appeal from the United States District Court for the Northern District of Georgia.

Before THORNBERRY, GODBOLD and RUBIN, Circuit Judges.

THORNBERRY, Circuit Judge:

This is one of a growing number of cases involving doctors who "deal" drugs. 1 Appellant Roosevelt P. Jackson, M.D., established a "mental health clinic" apart from his regular practice after suffering a drop in income following his loss of surgical privileges at certain Atlanta hospitals. The clinic quickly became known as a source of "Quaalude," the commercial name for the depressant methaqualone a Schedule II controlled substance that enjoys considerable popularity among the drug set.

In January 1977 a federal grand jury in Atlanta returned a 76-count indictment against Dr. Jackson, charging that he had unlawfully dispensed controlled substances in violation of 21 U.S.C. § 841(a)(1). 2 Forty-two counts were eventually submitted to the jury, which returned verdicts of guilty on all counts. Dr. Jackson received five-year prison sentences on each count, to run concurrently, plus five years probation. All but six months of the jail term was suspended. 3

On appeal, Dr. Jackson contends that (1) the indictment did not properly charge all elements of the offense; (2) the district court erroneously failed to order physical and mental examinations of the witnesses; (3) the district court erred in admitting into

Page 48

evidence 5,000 prescriptions for methaqualone issued by Dr. Jackson; (4) the district court improperly limited cross-examination of a government witness; and (5) the evidence was insufficient to support his conviction. For the reasons stated below, we affirm.

In United States v. Moore, 423 U.S. 122, 96 S.Ct. 335, 46 L.Ed.2d 333 (1975), the Supreme Court held that physicians registered to dispense drugs may be prosecuted under 21 U.S.C. § 841(a)(1) when "their activities fall outside the usual course of professional practice." Dr. Jackson argues that the indictment in his case was defective in that it failed to charge that he had dispensed controlled substances in such fashion, i. e., without legitimate medical purpose. Even if an indictment charging a physician under § 841(a)(1) were required to contain an allegation of activity outside the scope of usual professional practice, 4 we think the indictment in the instant case passes muster. The indictment alleged, in pertinent part:

That on or about the dates hereinafter specified, within the Northern District of Georgia, the defendant, ROOSEVELT PETER JACKSON, who at all times hereinafter mentioned was a physician licensed and registered by the United States and by the State of Georgia to dispense, administer, and conduct research with respect to controlled substance in the course of professional practice or research, under the guise and artifice of operating a "mental health clinic" and/or a drug abuse program, did knowingly, intentionally and unlawfully dispense the controlled substance(s) listed below to the person(s) listed below, in violation of Title 21, United States Code, Section 841(a)(1).

Although the indictment does not state that Dr. Jackson acted outside the scope of professional practice, it does allege a more specific activity, i. e., that he dispensed drugs unlawfully "under the guise and artifice of operating" his clinic. Even a casual reading of the indictment makes clear that Dr. Jackson was alleged to have utilized his clinic as a "front" for dealing drugs, and the language obviously embraces an activity lacking legitimate medical purpose. The indictment is thus sufficient although it lacks the "magic words" of Moore. See United States v. McGough, 510 F.2d 598, 602 (5 Cir. 1975); United States v. Romero, 495 F.2d 1356, 1359 (5 Cir.), cert. denied, 419 U.S. 995, 95 S.Ct. 307, 42 L.Ed.2d 267 (1974).

Dr. Jackson next argues that the district court erroneously denied his motion for physical and psychiatric examination of thirteen witnesses who testified how they obtained prescriptions from him. Because all of these "patients" were drug users, he contends that the examination results might have shown them incompetent to testify or would have been relevant for impeachment purposes.

The district court has broad discretion in determining whether to order such examinations. Gurleski v. United States, 405 F.2d 253, 267 (5 Cir. 1968), cert. denied, 395 U.S. 977, 89 S.Ct. 2127, 23 L.Ed.2d 765 (1969). We find no abuse here. The fact that a witness is a narcotics user goes not to his competency, but to his credibility. United States v. Killian,524 F.2d 1268, 1275 (5 Cir. 1975), cert. denied, 425

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U.S. 935, 96 S.Ct. 1667, 48 L.Ed.2d 177 (1976); Gurleski v. United States, supra; see also...

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48 practice notes
  • U.S. v. Cecil, Nos. 83-5148
    • United States
    • United States Courts of Appeals. United States Court of Appeals (4th Circuit)
    • February 5, 1988
    ...v. Provenzano, 688 F.2d 194, 203-04 (3d Cir.1982), cert. denied, 459 U.S. 1071, 103 S.Ct. 492, 74 L.Ed.2d 634; United States v. Jackson, 576 F.2d 46, 49 (5th Cir.1978). For a discussion of State cases applying the same rules as those in the Federal cases, see State v. Lindsey, 149 Ariz. 472......
  • U.S. v. Raineri, No. 81-1394
    • United States
    • United States Courts of Appeals. United States Court of Appeals (7th Circuit)
    • March 24, 1982
    ...court has broad discretion in determining whether to compel a witness to undergo a psychiatric examination. United States v. Jackson, 576 F.2d 46, 48 (5th Cir. 1978); United States v. Russo, 442 F.2d 498, 503 (2d Cir. 1971), cert. denied, 404 U.S. 1023, 92 S.Ct. 669, 30 L.Ed.2d 673 (1972). ......
  • US v. Bevans, Crim. No. 89-00340-01.
    • United States
    • United States District Courts. 3th Circuit. United States District Court (Eastern District of Pennsylvania)
    • January 4, 1990
    ...not inherently reduce a witness to incompetency. See United States v. Garner, 581 F.2d 481, 485 (5th Cir.1978); United States v. Jackson, 576 F.2d 46, 48 (5th Cir.1978). Moreover, whether and to what degree a person experiences narcotic effects from methadone depends, among other factors, o......
  • State v. Young, No. 19647
    • United States
    • Supreme Court of West Virginia
    • June 28, 1991
    ...indictments for felonious prescribing of controlled substances is generally approved by the courts. See, e.g., United States v. Jackson, 576 F.2d 46, 48 (5th Cir.1978) (indictment charged that defendant physician acted knowingly, intentionally and unlawfully with respect to controlled subst......
  • Request a trial to view additional results
48 cases
  • U.S. v. Cecil, Nos. 83-5148
    • United States
    • United States Courts of Appeals. United States Court of Appeals (4th Circuit)
    • February 5, 1988
    ...v. Provenzano, 688 F.2d 194, 203-04 (3d Cir.1982), cert. denied, 459 U.S. 1071, 103 S.Ct. 492, 74 L.Ed.2d 634; United States v. Jackson, 576 F.2d 46, 49 (5th Cir.1978). For a discussion of State cases applying the same rules as those in the Federal cases, see State v. Lindsey, 149 Ariz. 472......
  • U.S. v. Raineri, No. 81-1394
    • United States
    • United States Courts of Appeals. United States Court of Appeals (7th Circuit)
    • March 24, 1982
    ...court has broad discretion in determining whether to compel a witness to undergo a psychiatric examination. United States v. Jackson, 576 F.2d 46, 48 (5th Cir. 1978); United States v. Russo, 442 F.2d 498, 503 (2d Cir. 1971), cert. denied, 404 U.S. 1023, 92 S.Ct. 669, 30 L.Ed.2d 673 (1972). ......
  • US v. Bevans, Crim. No. 89-00340-01.
    • United States
    • United States District Courts. 3th Circuit. United States District Court (Eastern District of Pennsylvania)
    • January 4, 1990
    ...not inherently reduce a witness to incompetency. See United States v. Garner, 581 F.2d 481, 485 (5th Cir.1978); United States v. Jackson, 576 F.2d 46, 48 (5th Cir.1978). Moreover, whether and to what degree a person experiences narcotic effects from methadone depends, among other factors, o......
  • State v. Young, No. 19647
    • United States
    • Supreme Court of West Virginia
    • June 28, 1991
    ...indictments for felonious prescribing of controlled substances is generally approved by the courts. See, e.g., United States v. Jackson, 576 F.2d 46, 48 (5th Cir.1978) (indictment charged that defendant physician acted knowingly, intentionally and unlawfully with respect to controlled subst......
  • Request a trial to view additional results

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