United States v. Potter

616 F.2d 384 (1979)

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United States v. Potter

United States Court of Appeals for the Ninth Circuit
616 F.2d 384 (1979)

SC

Facts

James Potter (defendant), a doctor, was charged with illegally distributing prescription drugs. At trial, five witnesses testified for the prosecution (plaintiff). Some of these witnesses testified that at Potter’s request, they performed fellatio on Potter, and that he would write the prescriptions for drugs such as quaaludes during the sex act. According to the witnesses, Potter would write two prescriptions at a time for these witnesses using two different names. Potter would tell the witnesses to fill the prescriptions at different pharmacies. The record did not contain any medical rationale for the filling of these prescriptions. Potter was convicted, and he appealed, arguing that the evidence of the sex acts in his office should have been excluded under Federal Rule of Evidence 404(b) (Rule 404(b)).

Rule of Law

Issue

Holding and Reasoning (Jameson, J.)

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