U.S. v. CHUBE II

Nos. 06-3674, 06-3675.

538 F.3d 693 (2008)

UNITED STATES of America, Plaintiff-Appellee, v. David Demaret CHUBE II and Charles Randall Chube, Defendants-Appellants.

United States Court of Appeals, Seventh Circuit.

Decided August 15, 2008.


Attorney(s) appearing for the Case

Diane L. Berkowitz, David E. Hollar (argued), Office of the United States Attorney, Hammond, IN, for Plaintiff-Appellee.

Karen M. Freeman-Wilson, Gary, IN, Eli D. Stutsman (argued), Portland, OR, for Defendants-Appellants.

Mary Baluss, Pain Law Initiative, Washington, DC, for American Pain Foundation and National Foundation for Treatment of Pain, Amicus Curiae.

Lennox S. Hinds, Stevens, Hinds & White, New York, NY, for Association of Black Physicians Inc, Amicus Curiae.

Before ROVNER, WOOD, and EVANS, Circuit Judges.


WOOD, Circuit Judge.

Responding to growing concerns about widespread abuse of OxyContin, a Schedule II narcotic opioid often prescribed to treat chronic pain, the federal Drug Enforcement Administration ("DEA") in 2001 launched a public campaign called the "OxyContin Action Plan" to ferret out unlawful uses of the drug. Dr. David Demaret Chube II and his brother Dr. Charles Randall Chube ("Dr. David" and "Dr. Randy," respectively, or, collectively, "the Doctors")...

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