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Matthew Strauss was reported as the distributor of Schedule
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Date Posted: 08:28:10 09/08/07 Sat
Matthew Strauss was reported as the distributor of Schedule III controlled substances.
The police subsequently obtained a warrant, and later that night conducted a search of Respondent's residence in Westminster Colorado. During the search, the police found four uncapped needles and syringes on the headboard of the bed in the master bedroom; another needle and syringe was found under the mattress of this bed. In a bathroom drawer over which Respondent's wife exercised dominion and control, the police found twenty-one tablets of controlled substances that were "mostly narcotics.'' Gov. Exh. 4, at 7. The police also found Dexfenfluramine (a Schedule IV controlled substance, see 21 CFR 1308.14(d)), Diphenoxylate (a Schedule V controlled substance, see 21 CFR 1308.15(c)), and Diazepam (a Schedule IV controlled substance, see 21 CFR 1308.14(c)), in a bathroom vanity drawer over which Respondent's wife exercised dominion and control. Respondent's wife testified, however, that she had a prescription for the Diazepam and that she had purchased Phentermine in Mexico for a neighbor. She also testified that she had obtained the Diphenoxylate in Mexico to treat her dog's diarrhea. ALJ at 16.
The police also found five vials of Nandrolone, an anabolic steroid and Schedule III controlled substance, in Respondent's office. See id. at 8. Moreover, the police did not find any logbooks which recorded the purchase, use and storage of the controlled substances recovered from Respondent's residence. Id. at 8.
Respondent testified that at the time of this incident, he had undergone knee replacement surgery for his left knee in 2000 and his right knee in 2001, that his recovery from the latter procedure was painful, and he took the Tiletamine because it helped him sleep and the drug prescribed by his physician gave him a bad hangover. Tr. 373-74. Respondent explained that there was "no excuse for what I did to myself.'' Id. at 374. Respondent added that: "I had to have other reasons. It wasn't just the pain, or it wasn't just the sleep. It had to be other reasons.'' Id. at 374. In his testimony, Respondent disputed the accuracy of the police reports. According to Respondent, when he awoke, he was "confronted with about a half dozen people in my bedroom,'' and that as he regained his senses, the police "tried to prevent'' him from checking out his wife and that "[s]he was doing fine.'' 4 Tr. 375.
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