United States v. Gas Pipe, Inc., No. 19-11145 (5th Cir. 2021)
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The Fifth Circuit affirmed defendants' convictions for one count of conspiracy to defraud the United States, based on their efforts to defraud the FDA and to misbrand drugs. Defendants, along with two corporate entities that they owned and controlled, owned and operated a chain of smoke shops in Texas and New Mexico.
The court concluded that the district court's conspiracy-to-defraud jury instructions were correct statements of law; a jury would have concluded that defendants' misbranding tended to influence, or was capable of influencing, the FDA's decisionmaking based on evidence presented at trial; and the district court's jury instruction "substantially covered" defendants' proposed instruction and did not misstate the law. The court also concluded that the evidence was sufficient to support the conviction for conspiracy to defraud the FDA; the evidence was sufficient to prove the felony misbranding offense; and defendants' 36-month sentences were substantively reasonable.
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