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U.S. v. CARONIA

Docket No. 09-5006-cr.

703 F.3d 149 (2012)

UNITED STATES Of America, Appellee, v. Alfred CARONIA, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided: December 3, 2012.

Attorney(s) appearing for the Case

Douglas Letter and Martin Coffey (Jo Ann M. Navickas, Assistant United States Attorney, Scott R. McIntosh, Attorney, Appellate Division, United States Department of Justice, Anne K. Walsh, Associate Chief Counsel, Office of General Counsel, Food and Drug Division, on the brief), for Loretta E. Lynch, United States Attorney for the Eastern District of New York, Brooklyn, NY, for Appellee.

Jennifer L. McCann (Thomas F. Liotti, on the brief), Law Offices of Thomas F. Liotti, Garden City, NY, for Defendant-Appellant.

Eric E. Murphy, Jones Day (Michael A. Carvin, Jones Day, Daniel J. Popeo, Richard A. Samp, Washington Legal Foundation, on the brief), for Amicus Curiae Washington Legal Foundation.

Joan McPhee, Ropes & Gray LLP (Douglas Hallward-Driemeier, Alan Bennett, Ropes & Gray LLP, and Paul Kalb, Coleen Klasmeier, Sidley Austin LLP, on the brief), for Amicus Curiae The Medical Information Working Group.

Judge LIVINGSTON dissents in a separate opinion.

CHIN, Circuit Judge:

Defendant-appellant Alfred Caronia appeals from a judgment of conviction entered in the United States District Court for the Eastern District of New York (Eric N. Vitaliano, J.) on November 30, 2009, following a jury trial at which Caronia was found guilty of conspiracy to introduce a misbranded drug into interstate commerce, a misdemeanor violation of 21 U.S.C. §§ 331(a) and 333(a)(1). Specifically, Caronia, a pharmaceutical...

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