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Friday, August 15, 2008

Ind. Decisions - Two Indiana decisions today from the 7th Circuit

In US v. Chube (ND Ind., Judge Lozano), a 25-page opinion, Judge Wood writes:

Responding to growing concerns about widespread abuse of OxyContin, a Schedule II narcotic opioid often prescribed to treat chronic pain, the federal Drug Enforcement Administration (“DEA”) in 2001 launched a public campaign called the “OxyContin Action Plan” to ferret out unlawful uses of the drug. Dr. David Demaret Chube II and his brother Dr. Charles Randall Chube (“Dr. David” and “Dr. Randy,” respectively, or, collectively, “the Doctors”) were two of the 2 Nos. 06-3674 & 06-3675 hundreds of physicians investigated by the DEA for possible illegitimate prescribing of the drug. On February 2, 2005, the Doctors were charged in a 33-count indictment with unlawful distribution of controlled substances, health care fraud, and conspiracy to commit each of those offenses. After a two-week jury trial, the jury acquitted Dr. Randy of 32 out of 33 charges, and acquitted Dr. David of 27 out of 33 charges, rejecting both the conspiracy charges and many distribution charges. It found Dr. Randy guilty of one count of unlawful distribution and Dr. David guilty of four counts of unlawful distribution and two counts of defrauding a health benefit program.

After the sentencing hearing, at which relevant conduct findings played a critical role in enhancing each brother’s advisory Guidelines range, the district court sentenced Dr. Randy to five years’ imprisonment and Dr. David to 15 years. Both men appeal. We affirm their convictions, but we vacate both sentences and remand for resentencing.

In US v. Curry (SD Ind., Judge McKinney), a 25-page opinion, Judge Ripple writes:
On May 9, 2006, Daniel Curry was indicted on four counts of armed bank robbery, in violation of 18 U.S.C. § 2133(a) and (d), and four counts of using a firearm in relation to a crime of violence, in violation of 18 U.S.C. § 924(c). A jury convicted Mr. Curry on all counts, and the district court sentenced him to 1,071 months’ imprisonment, five years of supervised release and restitution in the amount of $1,052,337.65. For the reasons set forth in this opinion, we affirm his conviction and sentence.

Posted by Marcia Oddi on August 15, 2008 02:42 PM
Posted to Ind. (7th Cir.) Decisions