Eighth Circuit· 7/28/2009

United States v. Smith

Citations

573 F.3d 639
2009 U.S. App. LEXIS 16713
2009 WL 2226055

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

holding that “it was not improper to measure the ‘usual course of professional practice’ under § 841(a)(1) and § 1306.04 with reference to generally recognized and accepted medical practices and not a doctor’s self-defined particular practice.”
\usual course of professional practice\ refers to \generally recognized and accepted medical practices\ [citation omitted]
requested variance downward from a 360-month guidelines sentence to one of 240 months, a reduction of 33 percent, would have been “a major variance”
“Lay persons who conspire with or aid and abet a practitioner’s unlawful distribution of drugs can be convicted under the [Controlled Substances Act] and its regulations.”
errors which are preserved are reviewed for harmless error
discussing meaning of \usual course of professional practice\

Source: CourtListener parenthetical corpus (CC0).

Judges: Loken, Melloy, Benton

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Cited by

25 cases in this archive cite this case; the 20 most cited are listed.

Cites

63 cases in this archive are cited by this case; the 20 most cited are listed.

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