United States v. Tobin, et al., No. 09-13944 (11th Cir. 2012)
Annotate this CaseDefendants were convicted of multiple charges stemming from their involvement with a company called the Jive Network, which had various Internet websites to distribute prescription drugs. The government alleged that the websites allowed customers to order controlled substances without submitting any medical records or any prescriptions. On appeal, the court addressed issues related to the rule of lenity and vagueness; state of mind under 21 U.S.C. 841(a)(1) and 21 U.S.C. 846; the meaning of "proceeds" under 18 U.S.C. 1956(a)(1)(B)(i); sufficiency of the evidence; continuance of the trial; severance; comments by the district court; jury tampering and alleged juror misconduct; remaining evidentiary rulings; prosecutorial misconduct; the Allen charge; the jury's question; cumulative error; judicial participation in plea discussions; and remaining sentencing issues. The court affirmed the convictions of all five defendants, as well as Akhil Baranwal and Geunnet Chebssi. The court vacated Jude LaCourt's sentence and remanded before a different district judge.
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