U.S. v. GODOFSKY

No. 18-5450.

943 F.3d 1011 (2019)

UNITED STATES of America, Plaintiff-Appellee, v. Alan Arnold GODOFSKY, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: November 26, 2019.


Attorney(s) appearing for the Case

ARGUED: Michael R. Mazzoli , COX & MAZZOLI PLLC, Louisville, Kentucky, for Appellant. Ron L. Walker, Jr. , UNITED STATES ATTORNEY'S OFFICE, Lexington, Kentucky, for Appellee. ON BRIEF: Michael R. Mazzoli , David A. Lambertus , Tricia Frances Lister , COX & MAZZOLI PLLC, Louisville, Kentucky, for Appellant. Charles P. Wisdom, Jr. , John Patrick Grant , UNITED STATES ATTORNEY'S OFFICE, Lexington, Kentucky, for Appellee.

BATCHELDER, J., delivered the opinion of the court in which BOGGS, J., joined, and STRANCH, J., joined in the judgment. STRANCH, J. (pp. 1031-32), delivered a separate opinion concurring in the judgment.


OPINION

In this case, a jury convicted a "pill mill" doctor of unlawfully prescribing controlled substances in violation of 21 U.S.C. § 841(a), and the court sentenced him to a below-guidelines prison term and a fine pursuant to § 841(b)(1)(C). On appeal, the doctor challenges the trial court...

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