U.S. v. KAMINSKI

Nos. 05-3823, 05-3826, 05-4509.

501 F.3d 655 (2007)

UNITED STATES of America, Plaintiff-Appellee, v. Mitchell V. KAMINSKI (05-3823); Marilyn A. Coleman (05-3826); and Ovimmune, Inc. (05-4509), Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: August 31, 2007.


Attorney(s) appearing for the Case

ARGUED: Dana M. Pesha, Chicago, Illinois, Ronald E. Laymon, Law Office, Columbus, Ohio, for Appellants. Deborah A. Solove, Assistant United States Attorney, Columbus, Ohio, for Appellee. ON BRIEF: William J. Harte, William J. Harte, Ltd., Chicago, Illinois, Ronald E. Laymon, Law Office, Columbus, Ohio, Mark A. Whitt, Jones Day, Columbus, Ohio, for Appellants. Deborah A. Solove, Assistant United States Attorney, Columbus, Ohio, for Appellee.

Before: KEITH, MOORE, and COLE, Circuit Judges.


OPINION

KAREN NELSON MOORE, Circuit Judge.

Defendants-Appellants Mitchell V. Kaminski ("Kaminski"); Marilyn A. Coleman ("Coleman"); and Ovimmune, Inc. ("Ovimmune") (collectively, "Appellants") were each convicted under the Food, Drug, and Cosmetic Act ("FDCA"), 21 U.S.C. § 321 et seq., on fifteen misdemeanor counts of introduction into interstate commerce of unapproved new drugs without intent to defraud...

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