United States v. Zadeh, No. 15-10195 (5th Cir. 2016)
Annotate this CaseDefendant appealed the district court's grant of the DEA's petition for enforcement. The DEA sought medical records of 67 of defendant's patients in an investigation into violations of the Controlled Substances Act (CSA), 21 U.S.C. 801-904. The court concluded that the CSA preempts the Texas Occupations Code, Tex. Occ. Code 159.002, and state law affords defendant no defense against enforcement of the subpoena; 28 U.S.C. 2403(b) does not require notice to the Texas Attorney General, even though providing notice is the better practice; the court rejected defendant's argument that the patients named by the subpoena should be given notice and the opportunity to intervene where defendant could have notified the patients, and did, but no patients have intervened; the district court did not err in applying the reasonable relevance standard to evaluate the enforceability of the subpoena; and the evidence is insufficient to meet the court's standard for denying enforcement where the district court did not err in rejecting the doctor’s abuse of process objections and enforcing the subpoena. Accordingly, the court affirmed the judgment as modified and remanded.
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