United States v. Feldman, No. 16-12978 (11th Cir. 2019)Annotate this Case
Defendants, Mr. Feldman and Mrs. Feldman, appealed their convictions stemming from their operation of a pain management clinic. The Eleventh Circuit affirmed the convictions, holding that the district court did not abuse its discretion by denying Mrs. Feldman's motion for severance; the district court did not plainly err by admitting the testimony of the government's witness; because Mrs. Feldman implicitly consented to the order declaring a mistrial, she was not entitled to relief on her double jeopardy claim; and the court rejected Mrs. Feldman's remaining claims of prosecutorial misconduct and claims of error regarding the jury instructions.
The court also held that the evidence was sufficient to support each of defendant's conspiracy convictions, and convictions based on dispensation of controlled substances without a legitimate medical purpose that resulted in death (Counts 2 through 4). However, the court reversed the district court's application of 21 U.S.C. 841(b)(1)(C)'s 20-year mandatory minimum sentence on Counts 2–4 and remanded the case for the district court to resentence Dr. Feldman to a term of imprisonment of not more than 20 years as to each of these counts.