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RECENT APPELLATE, POST-CONVICTION AND SENTENCING NEWS FROM OUR CASES

August 2, 2021 - pharmacy owner charged with conspiracy to distribute controlled substances in federal court was sentenced to probation for misprision of a felony

August 2, 2021 - United States District Court for the Southern District of Georgia - Mr. Kent's client, a pharmacy owner, was originally indicted under 18 U.S.C. section 846 for conspiracy to distribute controlled substances arising out of an earlier indictment of a "pill mill" owner who was alleged to have conspired with Mr. Kent's client to use the pharmacy as the primary pharmacy to fill the illegitimate prescriptions issued by the "pill mill." However, after prolonged negotiations, a plea agreement was reached for a lesser charge of misprision of a felony and an unconditional recommendation of probation. The plea agreement was not conditioned on a proffer nor was there any substantial assistance or cooperation provided to the government in its case. At sentencing Judge Wood followed the government's recommendation and sentenced Mr. Kent's pharmacy owner client to probation and a $10,000 fine. There was no forfeiture and the pharmacy owner was allowed to keep the pharmacy business. This was a very good outcome for a case in which the guideline range initially appeared to exceed twenty years imprisonment.

Ryan McFarland