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U.S. v. BROWN

No. 05-20997.

553 F.3d 768 (2008)

UNITED STATES of America, Plaintiff-Appellee, v. Andre Dion BROWN; Otukayode Adeleke Otufale; Chicha Kazembe Combs; John David Wiley, III; Anthony Dwayne Essett, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

December 18, 2008.

Attorney(s) appearing for the Case

Julia Bowen Stern (argued), James Lee Turner, Asst. U.S. Attys., Houston, TX, for U.S.

Daucie Elana Shefman, Shefman Law Group, for Andre Dion Brown.

Gerald Robert Fry (argued), Houston, TX, for Otufale.

Michael M. Essmyer (argued), Essmyer, Tritico & Rainey, Houston, TX, Andrew L. Jefferson, Jr., Houston, TX, for Combs.

George McCall Secrest, Jr. (argued), Bennett & Secrest, Houston, TX, for Wiley.

David P. Cunningham (argued), Houston, TX, for Essett.

Before HIGGINBOTHAM, DAVIS and BARKSDALE, Circuit Judges.

PATRICK E. HIGGINBOTHAM, Circuit Judge:

The appellants were pharmacists who were convicted of illegally conspiring with doctors to distribute large quantities of medicines under cover of false prescriptions written by the doctors.

A hung jury ended their first trial. In a second trial the appellants were convicted of the charged crimes. All defendants timely appealed.

I. BACKGROUND AND FACTS

In 2002, a Texas doctor, Dr. Callie Herpin, then...

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