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: Defense Newsletter Blog

Gayden: Upholding Prescription Drug Convictions Over Multiple Challenges

By Tim Cone

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In United States v. Gayden, No. 18-14182 (Oct. 9, 2020) (Tallman (CA9), Martin, Rosenbaum), the Court affirmed the defendant?s convictions and sentence for unlawfully distributing prescription drugs. First, the Court found no abuse of discretion related to the government?s pre-indictment delay because, even assuming that the defendant could show prejudice, he could not show that the government deliberately delayed to gain a tactical advantage. Second, the Court upheld the denial of a motion to suppress. Applying the third party doctrine, and rejecting the defendant?s reliance on the Supreme Court?s decision in Carpenter, the Court found that the defendant did not have a reasonable expectation in prescriptions he wrote for patients, and he voluntarily disclosed those records to others...continue to full post

Full post as published by Defense Newsletter Blog on October 09, 2020 (boomark / email).