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Sufficiency of Evidence – Sentencing

By: Derek Hawkins//January 25, 2021//

Sufficiency of Evidence – Sentencing

By: Derek Hawkins//January 25, 2021//

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7th Circuit Court of Appeals

Case Name: United States of America v. Paul Elmer

Case No.: 19-2890

Officials: EASTERBROOK, MANION, and SCUDDER, Circuit Judges.

Focus: Sufficiency of Evidence – Sentencing

Paul Elmer owned and operated multiple healthcare-related companies including Pharmakon Pharmaceuticals. His pharmacy produced and distributed drugs that Elmer knew were dangerous. Rather than halting manufacturing or recalling past shipments, sales continued and led to the near death of an infant. Federal charges followed for Elmer’s actions in preparing and selling drugs that contained more or less of their active ingredient than advertised. A jury returned a guilty verdict on all but one count. Elmer now appeals several of the district court’s rulings related to the evidence admitted at trial and his sentence. The evidence before the jury overwhelmingly proved Elmer’s guilt. And the district court’s imposition of a sentence of 33 months’ imprisonment was more than reasonable given the gravity of Elmer’s crimes. We therefore affirm.

Affirmed

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Derek A Hawkins is Associate Corporate Counsel, IP at Amazon.

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