United States v. Dubrule, No. 14-6290 (6th Cir. 2016)
Annotate this CaseDubrule, a former medical doctor, was convicted of conspiracy to distribute controlled substances, 21 U.S.C. 846, and 44 counts of distributing controlled substances, 21 U.S.C. 841(a)(1). Kim, Dubrule’s wife and medical assistant, was convicted of conspiring with her husband. The district court sentenced Dubrule to 150 months’ imprisonment and Kim to 18 months’ imprisonment. The Sixth Circuit affirmed, rejecting Dubrule’s arguments that the district court erred by finding him competent to stand trial and proceed with sentencing and by failing to sua sponte order a competency hearing either before or during trial; that his pre-trial attorney and standby counsel at trial provided ineffective assistance by failing to request a competency evaluation; that the district court erred by holding that he had waived his insanity defense; and that his due process and Sixth Amendment rights were violated when the court, in making its competency determination, relied upon an expert opinion that misleadingly claimed to be “peer reviewed.”
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