United States v. Hofstetter, No. 20-6245 (6th Cir. 2023)
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From 2009-2015, Hofstetter managed pain clinics in Florida and Tennessee. Hofstetter also co-owned and managed an additional clinic in Tennessee. Clemons, Newman, and Womack were employed as nurse practitioners at these clinics. All four defendants were convicted of maintaining drug-involved premises. Hofstetter was also convicted of conspiring to distribute controlled substances, distributing controlled substances, and money laundering. Hofstetter was sentenced to 400 months in prison, Clemons to 42 months, Newman to 40 months, and Womack to 30 months.
After the Sixth Circuit affirmed the convictions, the Supreme Court decided “Ruan” (2022), clarifying the applicable mens rea for an unlawful distribution charge, and remanded.
The Sixth Circuit again affirmed. Under Ruan, it is insufficient for the government to prove that a prescription was “in fact” not authorized; the government must prove the defendant subjectively knew or intended that the prescription was unauthorized. The district court’s instructions were not plainly erroneous regarding the drug-involved-premises and conspiracy-to-distribute-and-dispense charges. Taken as a whole, the jury instructions made clear that the jury had to find that the defendants knowingly opened the clinics for the purpose of illegally distributing Schedule II controlled substances.
This opinion or order relates to an opinion or order originally issued on April 11, 2022.
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