United States v. Garrison

Garrison, a licensed physician’s assistant, was convicted of conspiracy to distribute controlled substances, 21 U.S.C. 846. During the trial, the government offered evidence that Garrison and his co-conspirators had abused their positions as healthcare providers by intentionally prescribing OxyContin, a powerful opioid pain reliever, for no legitimate medical purpose as part of a scheme to sell the drug on the street. The Ninth Circuit affirmed, rejecting an argument that there was insufficient evidence to support his conviction. The court upheld the remedies the trial court crafted for the government’s late disclosures concerning two prosecution witnesses; the district court had advised the jury of the government’s failure to timely comply with its constitutional obligations, stating that the jury could draw adverse inferences from this failure, which could lead the jury to find reasonable doubt as to Garrison’s and his codefendants’ guilt. The court also upheld jury instructions regarding the abrupt departure of two co-defendants from the trial and the dismissal of charges against a third co-defendant. View "United States v. Garrison" on Justia Law