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UNITED STATES v. SMITHERS

No. 19-4761.

92 F.4th 237 (2024)

UNITED STATES of America, Plaintiff-Appellee, v. Joel A. SMITHERS, a/k/a Joel A Smithers, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: February 2, 2024.

Attorney(s) appearing for the Case

ARGUED: Beau B. Brindley , THE LAW OFFICES OF BEAU B. BRINDLEY, Chicago, Illinois, for Appellant. S. Cagle Juhan , OFFICE OF THE UNITED STATES ATTORNEY, Charlottesville, Virginia, for Appellee. ON BRIEF: Neal Lawrence Walters , SCOTT KRONER, PLC, Charlottesville, Virginia; Blair T. Westover , THE LAW OFFICES OF BEAU B. BRINDLEY, Chicago, Illinois, for Appellant. Daniel P. Bubar , Acting United States Attorney, OFFICE OF THE UNITED STATES ATTORNEY, Raleigh, North Carolina, for Appellee.

Vacated and remanded by published opinion. Judge Gregory wrote the opinion, in which Judge Richardson and Judge Benjamin joined.

Joel Smithers, until this prosecution a doctor of osteopathy, was convicted on 861 counts, all related to his opioid-prescription practices. He was sentenced to a total of 480 months in prison. After his conviction, the Supreme Court in Ruan v. United States, 597 U.S. 450, 142 S.Ct. 2370, 213 L.Ed.2d 706 (2022), clarified...

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