United States Sixth Circuit

Defendants' convictions and sentences under the Food, Drug, and Cosmetic Act (FDCA) for various offenses, including conspiracy to introduce into interstate commerce an unapproved and misbranded drug and to defraud, are affirmed for the most part over claims of error regarding: 1) the application of an abuse-of-trust enhancement to one defendant's sentence; 2) a restitution order; 3) the FDA's compliance with its own rule; and 4) the sufficiency of the evidence. However, one defendant's sentence is vacated as a sentence enhancement, based on the ground that one defendant's conduct impeded the investigation and prosecution of defendants' crimes, was erroneously imposed.

Appellate Information

• Argued 07/27/2007
• Decided 08/31/2007
• Published 08/31/2007

Judges

• Before: KEITH, MOORE, and COLE, Circuit Judges.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:Dana M. Pesha, Chicago, Illinois, Ronald E. Laymon, Law Office, Columbus, Ohio, for Appellants.  Deborah A. Solove, Assistant United States Attorney, Columbus, Ohio, for Appellee.   ON BRIEF:William J. Harte, William J. Harte, Ltd., Chicago, Illinois, Ronald E. Laymon, Law Office, Columbus, Ohio, Mark A. Whitt, Jones Day, Columbus, Ohio, for Appellants.  Deborah A. Solove, Assistant United States Attorney, Columbus, Ohio, for Appellee.