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Defendant-appellant David Wexler appeals from a judgment of conviction and sentence entered in the United States District Court for the Southern District of New York (Preska, J.) convicting Wexler, after a jury trial, of all seventeen counts of an indictment charging various offenses involving the distribution of controlled substances and health care fraud related to Wexler's medical practice. During the course of the proceedings, the District Court (1) found that out of court statements made by a now-deceased drug addict were admissible as statements against penal interest; (2) received expert testimony regarding the scope of the medical practice of dermatologists and declined to instruct the jury as to a "good intentions" component of the good faith defense applicable to a physician's distribution of controlled substances; and (3) denied Wexler's motion, grounded in the lack of sufficient evidence, for an acquittal on the charge that Wexler was a co-conspirator in a controlled substance distribution that resulted in death. On appeal, Wexler challenges each of these rulings. For the reasons that follow, we affirm the judgment of the District Court in part, reverse in part, and remand for resentencing.


522 F.3d 194 (2008)

UNITED STATES of America, Appellee, v. David E. WEXLER, Defendant-Appellant. Docket No. 06-1571-cr.

United States Court of Appeals, Second Circuit.

Argued: October 31, 2007. Decided: April 3, 2008.

New York Law School Location: File # 3648, Box 152