In Re Grand Jury Proceedings. John Doe, M.D. And Steve Roe, Witnesses-Appellants v. United States

Dr. John Doe and Steve Roe, targets of a grand jury investigation into illegal dispensation of anabolic steroids, androgenic hormones and other such drugs, appeal a contempt order for failure to comply with a subpoena duces tecum. Pursuant to 28 U.S.C. § 1826 (b), this motions panel was required to rule by August 28, 1986. On August 27, we affirmed the district court’s contempt order. Because we are faced with issues of first impression in this circuit, we now explain our reasoning.

BACKGROUND

Anabolic steroids and androgenic hormones are regulated as prescription drugs under the Federal Food, Drug and Cosmetic Act, 21 U.S.C. § 353 (b)(1). They also are regulated as “dangerous drugs” under California state law. Cal. Bus. & Prof. Code § 4211 .

As a licensed physician, Doe is entitled to prescribe, dispense, and resell prescription drugs. The government believes that he treats many professional athletes in the course of his practice. Evidence before the grand jury indicates that Doe has purchased over one million dollars’ worth of anabolic steroids and androgenic hormones from licensed and unlicensed manufacturers and distributors.

The government believes that Doe is guilty both…