United States v. Bader, No. 10-1263 (10th Cir. 2012)
Annotate this CaseDefendant-Appellant Thomas Bader appealed his convictions of distribution of human growth hormone (HGH), conspiracy to knowingly facilitate and knowingly facilitating the sale of HGH brought into the United States contrary to law, and conspiracy to possess with intent to distribute a controlled substance (testosterone cypionate). He asked the Tenth Circuit to reverse his convictions or, at a minimum, to grant him a new trial. Defendant also challenged the district court's forfeiture order requiring him to remit the $4.8 million in proceeds that he allegedly derived from his unlawful activity. Upon review, the Tenth Circuit affirmed Defendant's convictions for distribution of HGH and conspiracy to possess with intent to distribute testosterone cypionate, but reversed based upon instructional error his convictions for knowingly facilitating the sale of HGH imported into the United States contrary to law, and conspiring to do so. Further, in light of the Court's reversals, it concluded that the forfeiture judgment could not rest on its current statutory basis, but the Court left it to the district court in the first instance the task of determining the precise amount (if any) of the forfeiture judgment authorized by the remaining, upheld convictions.
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