LOCATION: Mt. Healthy City School District Board of Education at Finneytown Middle School
DOCKET NO.: 74-759
DECIDED BY: Burger Court (1975)
LOWER COURT: United States Court of Appeals for the District of Columbia Circuit
CITATION: 423 US 122 (1975)
ARGUED: Oct 07, 1975
DECIDED: Dec 09, 1975
Paul L. Friedman - for petitioner
Raymond W. Bergan - for respondent
Facts of the case
Media for United States v. MooreAudio Transcription for Oral Argument - October 07, 1975 in United States v. Moore
Audio Transcription for Opinion Announcement - December 09, 1975 in United States v. Moore
Warren E. Burger:
Mr. Justice Powell has an opinion to announce in United States against Moore.
Lewis F. Powell, Jr.:
This case is here on certiorari from the Court of Appeals for the District of Columbia.
The respondent, a licensed physician registered under the Controlled Substances Act was convicted of unlawful dispensation of methadone.
This is an addictive drug used in the treatment of Heroine addicts.
Respondent was found guilty in the District Court of violating Section 841 of the Act.
A provision making it unlawful for any person knowingly to distribute a controlled substance except as authorized by the Act.
The Court of Appeals reversed the conviction on the ground that respondent was exempted from prosecution under Section 841 by virtue of his status as a registered physician.
That court concluded that registrant can be prosecuted only under other sections of the Act that prescribed less severe penalties.
We conclude that conviction under Section 841 was duly authorized.
That section reaches any person and we find no justification for construing the Act as imposing lesser penalties on registered physicians and those imposed on other citizens.
Accordingly we reverse the judgment of the Court of Appeals.
Warren E. Burger:
Thank you Mr. Justice Powell.