IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN ...

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A great weight of authority holds otherwise. “[A]llowing criminal liability to turn on whether the defendant-doctor complied with his own idiosyncratic view of proper medical practices is inconsistent with” Supreme Court precedent. United States v. Hurwitz, 459 F.3d 463, 478 (4th Cir. 2006) (citing Moore, 423 U.S. at 124); see also Hayes, 794 F.2d at 1351 (affirming conviction where district court instructed “[g]ood faith is not merely a doctor’s sincere intention towards the people who come to see him, but, rather, it involves his sincerity in attempting to conduct himself in accordance with a standard of medical practice generally recognized and accepted in the country”); United States v. Norris, 780 F.2d 1207, 1209 (5th Cir. 1986) (rejecting argument suggesting good faith instruction should reflect subjective rather than objective standard). Indeed, one of the cases Kanner cites in support of his subjective standard argument applies an objective standard. See Kanner’s Reply at 2 (citing United States v. Voorhies, 663 F.2d 30, 34 (6th Cir. 1981) (affirming conviction where jury was instructed, “Good faith [. . .] means good intentions and honest exercise of best professional judgment as to a patient’s medical needs. It connotes an observance of conduct in accordance with what the physician should reasonably believe to be proper medical practice.”) (emphasis added)). Any omission of a subjective standard in the Indictment clearly does not warrant dismissal of the Indictment. VII. CONCLUSION The Motions (docket nos. 100, 102, 207 and 214) are DENIED. The time between the filing of the Motion and the date of this Order is hereby excluded from calculation under the Speedy Trial Act. 18 U.S.C. § 3161(h)(1)(F) (excluding delay resulting from the filing of any pretrial motion through the conclusion of the hearing thereon); id. § 3161(h)(1)(J) (excluding “delay reasonably attributable to any period, not to exceed thirty days, during which any proceeding concerning the defendant is actually under advisement by the court”). 26
IT IS SO ORDERED. DATED this 22nd day of July, 2008. 27
Page 1 and 2: IN THE UNITED STATES DISTRICT COURT
Page 3 and 4: 2 charged the original Defendants w
Page 5 and 6: Rule 12. Pleadings and Pretrial Mot
Page 7 and 8: 2. Money laundering conspiracy Betw
Page 9 and 10: distributed at least 180,430 Schedu
Page 11 and 12: C. Jacqueline Devine At all times r
Page 13 and 14: Indictment instead relies upon admi
Page 15 and 16: States and, in the event of abuse,
Page 17 and 18: practice. Moore, 423 U.S. at 124 &
Page 19 and 20: with criminal conduct under the CSA
Page 21 and 22: absence of a definition of “legit
Page 23 and 24: Fuchs, 467 F.3d at 905 (affirming c
Page 25: vague state of the statutes and reg

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN ...

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