Wednesday, May 02, 2018

US v. Garrison, No. 15-50137 (4-25-18)(Gould w/Murguia & Christensen).

The 9th affirms the conviction for conspiracy by health care providers to distribute opioids without legitimate medical purpose. The 9th found more than enough evidence to support the conviction: forged files, no patient examinations, wrong prescriptions, faked signatures, and cooperator testimony.

The cooperator testimony however proved problematic as the opinion contains a litany of Brady/Giglio violations, and violations of a joint defense agreement aided by the government. The government dismissed counts against the co-defendants affected by late disclosures, outright violations of Brady/Giglio, and breaching the joint defense agreement. The jury was instructed of the government violations and that the violations could be a basis of acquittal. The Court also instructed the jury to ignore the dismissal of co-defendants. These steps by the Court were not erroneous. The jury was properly instructed.

The decision is here:


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