[Federal Register Volume 67, Number 205 (Wednesday, October 23, 2002)]
[Notices]
[Pages 65145-65146]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-26967]


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DEPARTMENT OF JUSTICE

Drug Enforcement Administration


Samuel Silas Jackson, D.D.S.; Revocation of Registration

    On March 5, 2002, the Deputy Assistant Administrator, Office of 
Diversion Control, Drug Enforcement Administration (DEA), issued an 
Order to Show Cause to Samuel Silas Jackson, D.D.S. of Nashville, 
Tennessee, notifying him of an opportunity to show cause as to why DEA 
should not revoke his DEA Certificate of Registration, BJ5820558 under 
21 U.S.C. 824(a)(2), (a)(3), and (a)(4), and deny any pending 
applications for renewal or modification of that registration for 
reason that Dr. Jackson was convicted of a felony offense related to 
controlled substances, is not authorized to handle controlled 
substances in the State of Tennessee, and his continued registration 
would be inconsistent with the public interest. The order also notified 
Dr. Jackson that should no request for a hearing be filed within 30 
days, his hearing right would be deemed waived.
    The Order to Show Cause was sent by certified mail to Dr. Jackson 
at his registered location in Nashville, Tennessee, and DEA received a 
signed receipt indicating that it was received on March 11, 2002. A 
second copy of the Order to Show Cause was sent by certified mail to 
Dr. Jackson at a location in Forrest City, Arkansas. DEA again received 
a signed receipt indicating that the Order to Show Cause was received 
on behalf of Dr. Jackson. DEA has not received a request for hearing or 
any other reply from Dr. Jackson or anyone purporting to represent him 
in this matter.
    Therefore, the Deputy Administrator, finding that (1) 30 days have 
passed since the receipt of the Order to Show Cause, and (2) no request 
for a hearing having been received, concludes that Dr. Jackson is 
deemed to have waived his hearing right. After considering material 
from the investigative file in this matter, the Deputy Administrator 
now enters his final order without a hearing pursuant to 21 CFR 
1301.43(d) and (e) and 1301.46.
    The Deputy Administrator finds that on January 24, 2002, Dr. 
Jackson entered into an Agreed Order of Revocation with the Tennessee 
Department of Health, Board of Dentistry (the Board). As the caption of 
the order suggests, Dr. Jackson agreed to the revocation of his state 
license to practice dentistry. The Board found, inter alia, that Dr. 
Jackson entered into a conspiracy with a known drug trafficker/federal 
fugitive and with a confidential informant with the Drug Enforcement 
Administration; and that Dr. Jackson conspired with others to perform 
dental work and arrange for plastic surgery in California for two 
fugitives. These actions by Dr. Jackson were carried out for the 
purpose of altering the fugitives' dental records and physical 
appearance, and to aid their avoiding identification and apprehension 
by law enforcement officers. The Board also found that on or about 
March 16, 2000, Dr. Jackson entered a guilty plea in the United States 
District Court for the Middle District of Tennessee to one felony count 
of conspiracy to be an accessory after the fact, in violation of 18 
U.S.C. 371 and 373.
    There is no evidence in the record that Dr. Jackson's license to 
medicine in the State of Tennessee has been reinstated. Therefore, the 
Deputy Administrator finds that since Dr. Jackson is not currently 
authorized to practice medicine in the State of Tennessee, it is 
reasonable to infer that he is not authorized to handle controlled 
substances in that state.
    DEA does not have statutory authority under the Controlled 
Substances Act to issue or maintain a registration if the applicant or 
registrant is without state authority to handle controlled substances 
in the state in which he conducts business. See 21 U.S.C. 802(21), 
823(f) and 824(a)(3). This prerequisite has been consistently upheld. 
See Joseph Thomas Allevi, M.D., 67 FR 35581 (2002); Dominick A. Ricci, 
M.D., 58 FR 51104 (1993); Bobby Watts, M.D., 53 FR 11919 (1988).
    Here, it is clear that Dr. Jackson is not licensed to handle 
controlled substances in Tennessee, where he is registered with DEA. 
Therefore, he is not entitled to maintain that registration. Because 
Dr. Jackson is not entitled to a DEA registration in Tennessee due to 
his lack of state authorization to handle controlled substances, the 
Deputy Administrator concludes that it is unnecessary to address 
whether Dr. Jackson's registration should be revoked based upon the 
other grounds asserted in the Order to Show Cause. See Nathaniel-
Aikens-Afful, M.D., 62 FR 16871 (1997).
    Accordingly, the Deputy Administrator of the Drug Enforcement 
Administration, pursuant to the authority vested in him by 21 U.S.C. 
823

[[Page 65146]]

and 824 and 28 CFR 0.100(b) and 0.104, hereby orders that DEA 
Certificate of Registration, BJ5820558, issued to Samuel Silas Jackson, 
D.D.S., be, and it hereby is, revoked. The Deputy Administrator further 
orders that any pending applications for renewal of such registration 
be, and they hereby are, denied. This order is effective November 22, 
2002.

    Dated: October 1, 2002.
John B. Brown, III,
Deputy Administrator.
[FR Doc. 02-26967 Filed 10-22-02; 8:45 am]
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