United States v. Newman, No. 20-6428 (6th Cir. 2022)
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Beginning in 2008-2009, three partners ran Florida medical clinics and hired Hofstetter, who became the office manager. One of the partners admitted that, over time, pain management dominated their business, so that the other practice areas dwindled, and the clinics eventually became “pill mills.” Clemons, Newman, and Womack were employed as nurse practitioners at these clinics. The clinics displayed numerous indicators of illegal opioid prescription practices, so the government investigated all four women. A jury convicted each defendant of maintaining at least one drug-involved premises. Hofstetter was also found guilty of conspiring to distribute controlled substances, distributing controlled substances, and money laundering.
The Sixth Circuit affirmed. With respect to the drug-involved-premises convictions, the court rejected an argument that the underlying statute, 21 U.S.C. 856(a), was unconstitutionally vague as applied to them; the defendants’ conduct put them on notice that they violated the statute, regardless of any potential vagueness when applied to differently situated medical practitioners. Those convictions were supported by substantial evidence and the district court properly instructed the jury; the jury’s verdict was not inconsistent. With respect to Hofstetter’s convictions, the court upheld evidentiary rulings and jury instructions concerning the distribution charge. The court rejected claims of spoliation, Brady violations, and improper remarks during closing arguments.
The court issued a subsequent related opinion or order on August 29, 2023.
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