United States Fifth Circuit

Convictions and sentences of multiple defendants for offenses relating to a scheme to dispense certain controlled substances in violation of the Controlled Substances Act (CSA) are affirmed in part and reversed in part where: 1) expert testimony was not required to establish criminal violation of the CSA on the facts of the case; 2) defendant-registered nurse could be held liable as an aider or abettor under the CSA, even though she was not registered to dispense controlled substances; 3) aiding-and-abetting convictions could not stand on the CSA counts for which the alleged principal had been acquitted; 4) the jury charge was a correct statement of law; 5) evidence of tax evasion as a motive for under-reporting income was properly admitted; 6) there was sufficient evidence to support a money-laundering conviction; and 7) defendant-physician's sentence was reasonable.

Appellate Information

• Decided 11/21/2008
• Published 11/21/2008

Judges

• CARL E. STEWART, Circuit Judge:, Before HIGGINBOTHAM, STEWART and SOUTHWICK, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Tony Gordon Sanders (argued) and Stephen A. Higginson, Asst. U.S. Attys., New Orleans, LA, for U.S., Michael S. Fawer (argued), Smith & Fawer, Covington, LA, for Armstrong., Virginia Laughlin Schlueter, Fed. Pub. Def., Robin Elise Schulberg (argued), New Orleans, LA, for Cullins.