United States v. James Dell Potter

A jury found appellant, James Dell Potter, a Nevada physician, guilty on 54 counts of unlawfully distributing controlled substances in violation of 21 U.S.C. § 841 (a)(1). We affirm the judgment of conviction.

Factual Background

Appellant is licensed to practice medicine in the State of Nevada and at the time of trial was registered with the Drug Enforcement Administration to prescribe and dispense controlled substances for legitimate medical purposes. In a 54 count indictment he was charged with prescribing controlled substances for five persons, “not in the usual course of professional practice” and “not for a legitimate medical purpose”. The testimony of these five persons, including an employee of the Nevada Division of Investigation and Narcotics, provided the factual basis for the Government’s case.

Gloria Kranjack, a cocktail waitress, testified that she first visited Dr. Potter’s office in February, 1977, to obtain a prescription for quaalude, a controlled substance. She told Potter that she needed the drug to help her sleep. She also requested a prescription of quaalude for her husband and a prescription of dexedrine, another controlled substance, for herself. Dr.…