UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT
October 29, 1985
UNITED STATES OF AMERICA
LEVINE, DANIEL, APPELLANT
APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW JERSEY (D.C. Criminal No. 83-00190-02), Frederick B. Lacey, District Judge.
Author: Van Dusen
Before GARTH, BECKER and VAN DUSEN, Circuit Judges.
VAN DUSEN, C.J.
After considering the contentions raised by appellant that the court erred in refusing to rule that:
(a) it was an abuse of discretion to deny defendant's motions for severance;
(b) the prosecutor submitted no direct proof of any criminal intent on the part of defendant;
(c) there is no direct proof that defendant had the requisite criminal intent to be guilty of Count 16, nor is there sufficient evidence to support the jury's verdict;
(d) the defendant acted "in the normal course of his professional activities" and was never told by the investigating officials that the prescriptions were for other than usual medical purposes;
(e) there is no evidence to suggest that Mr. Levine knew how many prescriptions other pharmacists filled as compared to those he was filling;
(f) the jury wrongfully decided to go home for the weekend, instead of deliberating to find a true and correct verdict; and
(g) the jury's verdict was inconsistent in that it acquitted him on fifteen counts and convicted him on one, when all counts were based on the same evidence and required the same showing of intent;
ADJUDGED AND ORDERED that the judgment of the district court be and is hereby affirmed.
© 1998 VersusLaw Inc.