UNITED STATES OF AMERICA v. WILLIAM R. BAUER - Articles

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UNITED STATES OF AMERICA v. WILLIAM R. BAUER

Posted by: Barry Kolar on Sep 26, 2023

Court: 6th Circuit Court (Published Opinions)

Attorneys 1: ARGUED: Orville E. Stifel, II, ORVILLE E. STIFEL, II, CO., LPA, Cleveland, Ohio, for Appellant.

Attorneys 2: ARGUED: Laura McMullen Ford, UNITED STATES ATTORNEY’S OFFICE, Cleveland, Ohio, for Appellee.

Attorneys 3: ON BRIEF: Orville E. Stifel, II, ORVILLE E. STIFEL, II, CO., LPA, Cleveland, Ohio, John B. Gibbons, JOHN B. GIBBONS, ATTORNEY AT LAW, Cleveland, Ohio, for Appellant.

Attorneys 4: ON BRIEF: Laura McMullen Ford, UNITED STATES ATTORNEY’S OFFICE, Cleveland, Ohio, for Appellee.

Judge(s): KETHLEDGE, WHITE, and STRANCH

Court Appealed: United States District Court for the Northern District of Ohio at Toledo

Hearing Date: 04/26/2023

Dr. William Bauer most recently practiced as a Board-certified neurologist in Bellevue, Ohio. He regularly prescribed a high quantity of controlled substances to his patients for pain management. The Drug Enforcement Agency (DEA) investigated Bauer for these prescribing practices, and he was ultimately indicted for unauthorized distribution of controlled substances to 14 of his patients. A jury found him guilty on all counts, and he timely appealed. He raises two issues stemming from the Supreme Court’s intervening decision in Ruan v. United States, 142 S. Ct. 2370, (2022), and two evidentiary issues. Because we find that the district court did not plainly err in instructing the jury regarding the appropriate mens rea and did not otherwise err, we AFFIRM.

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