United States v. Chin, No. 20-1050 (1st Cir. 2021)
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The First Circuit affirmed Defendants' convictions of multiple counts of introducing through their work at the New England Compounding Center (NECC) "misbranded" drugs into interstate commerce with the intent to defraud or mislead, holding that there was no error or abuse of discretion.
Defendants Kathy Chin and Michelle Thomas worked at NECC, a compounding pharmacy that distributed a contaminated medication that led to illnesses and deaths of patients across the country. Defendants were among fourteen individuals affiliated with NECC who were charged with criminal offenses related to the contaminated medication. A jury found Defendants guilty of the counts that each faced. The First Circuit affirmed, holding (1) Defendants' convictions were supported by sufficient evidence; (2) the statute setting forth the underlying offense was not void for vagueness as applied to Defendants; and (3) none of Defendants' grounds for overturning the district court's rulings under Fed. R. Crim. P. 33 had merit.
The court issued a subsequent related opinion or order on October 14, 2021.
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