US v. Naum: Naum and other doctors were contracted by a drug treatment center (run by a nurse and a musician) to provide care, although they had full-time jobs elsewhere. The nurse, who pleaded guilty and cooperated with investigators, used Naum’s DEA numbers to prescribe controlled substances to patients (after Naum had seen them on a first visit). Naum and the others were charged with conspiracy as well as substantive counts of unlawful distribution of controlled substances. Naum testified and admitted he was aware of the nurse’s actions and continued to sign off on charts “because he was concerned that if stopped her, patients might get medication on the street or overdose.” Naum was convicted of conspiracy and four substantive counts.
The Fourth Circuit initially affirmed Naum’s conviction, but the Supreme Court remanded in light of its decision in Ruan. On remand, the Fourth Circuit again affirmed. The court did reject the Government’s attempt to rely on invited error, given that the instructions that were erroneous post-Ruan were correct at the time. The court also rejected Naum’s attempt to avoid plain error review based on evidence he introduced that could support post-Ruan instructions, concluding that “attempting to introduce evidence at trial does not preserve an objection to jury instructions.” Applying plain error, the court found error that was plain, but did not affect Naum’s substantial rights, in light of the record developed at trial.
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