United States v. McElwee, Jr., et al.; United States v. Chriss, No. 10-30099 (5th Cir. 2011)
Annotate this CaseDr. Tandy McElwee, Ava McElwee, and Wendy Chriss, three former employees of a private medical practice, were convicted for engaging in a conspiracy to fraudulently obtain large amounts of hydrocodone, a controlled substance. All three appellants challenged their sentences. The court affirmed the 60 month sentence with respect to Dr. McElwee and the $550,000 fine imposed by the district court. As to Mrs. McElwee, the court held that the evidence was sufficient to support her conviction, that the district court committed no error affecting her substantial rights in its issuance of instructions to the jury, and that the district court did not abuse its discretion in sentencing her to a 36 month term of imprisonment. Finally, the court affirmed Chriss' 21 month sentence, including the district court's denial of the safety-valve reduction and its refusal to apply a reduction for her role in the offense.
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