United States v. Azmat, No. 14-13703 (11th Cir. 2015)
Annotate this CaseDefendant appealed his convictions and sentence for one count of conspiracy to dispense controlled substances, 49 counts of unlawful dispensation of controlled substances, and one count of conspiracy to launder monetary instruments. The convictions stemmed from defendant and codefendants' participation in a pill-mill scheme in Garden City. The court rejected defendant's claim that even if he wrote prescriptions for illegal purposes, he did not “dispense” controlled substances or conspire to “dispense” controlled substances, as provided in 21 U.S.C. 841(a)(1); the evidence was sufficient to convict defendant of the charges; the district court did not abuse its discretion by admitting an expert's testimony and, in the alternative, any allegedly objectionable portion of the expert's conclusions did not prejudice defendant and was harmless error; even if the prosecutor’s comments were improper, there was no prejudice in light of the entire record; and there is no cumulative error. Finally, in regard to defendant's sentence, the court rejected defendant's claim that the district court clearly erred in calculating the drug quantity attributable to him; his sentence was substantively unreasonable, and the district court erred in sentencing him more severely for exercising his Sixth Amendment right to trial. The court affirmed the convictions and sentence.
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