United States v. Gayden, No. 18-14182 (11th Cir. 2020)Annotate this Case
The Eleventh Circuit affirmed defendant's conviction and sentence for seven counts of unlawful distribution of a controlled substance related to his prior medical practice. The court held that the district court did not abuse its discretion in denying defendant's motion to dismiss the indictment for pre-indictment delay; the district court did not err by denying defendant's motion to suppress evidence obtained from the search of the Prescription Drug Monitoring Program because defendant did not have a reasonable expectation of privacy in the prescriptions he wrote for his patients, and evidence of patient files stored at defendant's mother's home because the warrant was amply supported by facts establishing probable cause; the district court did not err by denying defendant's motion to exclude the government's expert witness under the Daubert standard; and there was no cumulative error.
The court also held that defendant's sentence was procedurally reasonable where the district court properly calculated his Guidelines sentence and applied a two-level offense for obstruction of justice under USSG 3C1.1. Finally, defendant's sentence was substantively reasonable where the district court considered mitigation evidence, sentenced defendant at the low end of his Guidelines range, and did not abuse its discretion in sentencing him to 235 months.