United States Seventh Circuit

In the prosecution of two doctors for illegitimately prescribing the painkiller OxyContin, convictions for unlawful distribution of controlled substances and defrauding a health benefit program are affirmed, and sentences vacated and remanded, where: 1) the testimony of two physician expert witnesses as to violations of the standards of medical care was properly allowed, and did not go so far as to offer an impermissible opinion on defendants' subjective intent; and 2) under the preponderance-of-the-evidence standard applicable to judicial findings of relevant conduct during sentencing, the government's evidence did not show that all of defendants' prescribing activities should be included in relevant conduct calculations.

Appellate Information

• Decided 08/15/2008
• Published 08/15/2008

Judges

• WOOD, Circuit Judge., Before ROVNER, WOOD, and EVANS, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellant:
  
• Mary Baluss, Pain Law Initiative, Washington, DC, for American Pain Foundation and National Foundation for Treatment of Pain, Amicus Curiae., Lennox S. Hinds, Stevens, Hinds & White, New York, NY, for Association of Black Physicians Inc, Amicus Curiae.


• For Appellees:
  
• Diane L. Berkowitz, David E. Hollar (argued), Office of the United States Attorney, Hammond, IN, for Plaintiff-Appellee., Karen M. Freeman-Wilson, Gary, IN, Eli D. Stutsman (argued), Portland, OR, for Defendants-Appellants.