Published on: Friday, August 25, 2023

Delaware physician is convicted on 13 counts of unlawfully dispensing opioids. At sentencing, the gov't puts forward a medical expert who reviewed files for 24 of the 1,142 patients to whom the good doctor had prescribed controlled substances in the last two years, concluding that prescriptions for 18 of the patients were illegal. Extrapolating from the sample, prosecutors argued he should be sentenced based on a drug weight of 106,000 kilos. The doctor argues for 7,500 kilos and the court settles on 30,000 kilos, sentencing the doctor to 20 years in prison. Yikes! Third Circuit: "Though the prosecution bears a heavy burden of proof, we will not let it cut corners." Remanded for resentencing.

The case is United States v. Titus, No. 22-1516 (3d Cir. Aug. 22, 2023).