United States v. MacKay, No. 12-4001 (10th Cir. 2013)
Annotate this CaseA jury convicted Defendant Dewey MacKay, III of unlawfully prescribing controlled substances. He challenged the sufficiency of the evidence underlying several counts of his conviction. He also challeged certain jury instructions, admission of an exhibit and expert testimony, and the legality of his sentence. Upon review, the Tenth Circuit found that Defendant's judgment was unclear whether the district court intended to impose a 240-month sentence on each count ("a clearly illegal sentence"). The Court remanded the case for the limited purpose of clarifying Defendant's sentence. Otherwise, the Court affirmed the district court in all other respects.
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