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U.S. v. SCHNEIDER

Nos. 09-3028, 09-3045.

594 F.3d 1219 (2010)

UNITED STATES of America, Plaintiff-Appellant/Cross-Appellee v. Steven J. SCHNEIDER; Linda K. Schneider, also known as Linda Atterbury, doing business as Schneider Medical Clinic, Defendants-Appellees/Cross-Appellants.

United States Court of Appeals, Tenth Circuit.

February 8, 2010.

Attorney(s) appearing for the Case

Richard A. Friedman, Appellate Section, Criminal Division, United States Department of Justice, Washington, D.C. (Marietta Parker, Acting United States Attorney, and Tanya J. Treadway, Assistant United States Attorney, for the District of Kansas) for Plaintiff/Appellant/Cross-Appellee.

Eugene V. Gorokhov of Eugene V. Gorokhov, PLLC, Arlington, VA, and Lawrence W. Williamson, Jr., of Williamson Law Firm, LLC, Kansas City, MO (Kevin P. Byers of Kevin P. Byers Company, L.P.A., Columbus, OH, with them on the briefs) for Defendants/Appellees/Cross-Appellants.

Before TACHA, O'BRIEN, and GORSUCH, Circuit Judges.

O'BRIEN, Circuit Judge.

This is an interlocutory appeal by the United States from a pre-trial order issued in the prosecution of Stephen and Linda Schneider (the Schneiders). A thirty-four count indictment charged the Schneiders with, among other things, impermissibly dispensing controlled drugs at their family-owned clinic resulting in the deaths of numerous patients. Count 5 of the indictment charged the Schneiders with illegally distributing drugs to eighteen patients...

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