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U.S. v. Dekle, No. 97-9065 (11th Cir.) (165 F.3d 826) (January 21, 1999) (Judge Rosemary Barkett)

Here the Court concluded that the mere fact that the doctor/defendant wrote at least 129 medically unwarranted prescrptions in exchange for sexual favors was insufficient to support conviction for conspiracy to sell drugs.

The Court wrote: "As we have explained, the mere agreement of one person to buy what another ...

 

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