U.S. v. Pellmann

Record contained sufficient evidence to support jury's guilty verdict on charges of unlawfully distributing fentanyl and obtaining morphine by misrepresentation arising out of allegations that defendant, who was radiologist, supplied his office nurse with large quantities of both drugs without any medical justification. Ct. rejected defendant's contention that his conviction must be reversed since govt. failed to introduce expert testimony to prove that he distributed Schedule II drugs outside his professional practice. Moreover, evidence otherwise supported instant conviction where: (1) with respect to both drugs, defendant ordered 30 times his previous yearly average for his entire practice and administered said drugs to office nurse; (2) defendant kept no records of office nurse's usage of said drugs; and (3) defendant kept secret his treatment of office nurse and concocted false diagnosis of office nurse in attempt to divert attention away from defendant and nurse during police investigation of office nurse's use of said drugs.