United States v. Moore

In United States v. Moore, 423 U.S. 122, 124, 96 S.Ct. 335, 46 L.Ed.2d 333 (1975), the Supreme Court was careful to emphasize that the defendant in that case had so wantonly ignored the basic protocols of the medical profession that "he acted as a large-scale `pusher'-not as a physician." 423 U.S. at 143, 96 S.Ct. 335. The Court further described 21 U.S.C. 841(a) as prohibiting "the significantly greater offense of acting as a drug `pusher.'" Id. at 138, 96 S.Ct. 335. These statements suggest that the Moore Court based its decision not merely on the fact that the doctor had committed malpractice, or even intentional malpractice, but rather on the fact that his actions completely betrayed any semblance of legitimate medical treatment.