USA v. Pierre, No. 22-20515 (5th Cir. 2023)
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The case involves James Pierre, the sole doctor at a Houston pill mill, who was convicted of multiple federal drug crimes. He was charged with seven counts of unlawfully distributing and dispensing controlled substances and one count of conspiring to do the same. Pierre's defense argued that he had been deceived by the clinic's employees and only provided medicine for people he believed were in pain. However, the jury did not believe him and he was convicted on all counts.
Pierre appealed his conviction on two grounds: that the district court erred in admitting improper profiling evidence and in instructing the jury. The United States Court of Appeals for the Fifth Circuit, however, found no reversible error and affirmed the conviction. The court held that the testimony about the mill operations was not profiling evidence, as it helped the jury understand the evidence. The court also held that any error in the jury instructions did not affect Pierre's substantial rights, as there was overwhelming evidence to prove that Pierre knew the prescriptions he was writing were medically unauthorized.
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