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Evidence of Uncharged Patients In Doc Drug Case Inadmissible

By Jonathan Byrne

US v. Brizuela: Brizuela was a doctor in West Virginia who was charged with 21 counts of distributing controlled substances outside the bounds of medical practice, conspiracy, and 16 counts of illegal remuneration under the anti-kickback statute. At trial he was convicted of 15 counts of distribution, but acquitted on all other counts (the Government dismissed the conspiracy count). The 21 distribution charges involved prescriptions written for five different patients, two of whom testified at trial. The Government also called four other patients to testify about what they received from Brizuela, over his objection. Brizuela was eventually sentenced to 48 months in prison.On appeal, the Fourth Circuit reversed Brizuela?s convictions. Among the issues Brizuela raised was that the district court erred by allowing the Government to call patients to testify beyond those involved in the counts charged in the indictment...continue to full post

Full post as published by Fourth Circuit Blog on July 01, 2020 (boomark / email).