U.S. v. HURWITZ

No. 05-4474.

459 F.3d 463 (2006)

UNITED STATES of America, Plaintiff-Appellee, v. William Eliot HURWITZ, Defendant-Appellant. American Academy of Pain Medicine; The Association of American Physicians & Surgeons; the American Pain Foundation; the National Pain Foundation; the National Foundation for the Treatment of Pain; National Association of Criminal Defense Lawyers; Russell K. Portenoy; Richard Payne; Peggy Compton; Celeste Johnson; Robert Twillman; William L. Marcus, Amici Supporting Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: August 22, 2006.


Attorney(s) appearing for the Case

ARGUED: Lawrence S. Robbins, Robbins, Russell, Englert, Orseck & Untereiner, L.L.P., Washington, D.C., for Appellant. Richard Daniel Cooke, Special Assistant United States Attorney, Office of the United States Attorney, Alexandria, Virginia, for Appellee. ON BRIEF: Donald J. Russell, Damon W. Taaffe, Robbins, Russell, Englert, Orseck & Untereiner, L.L.P., Washington, D.C., for Appellant. Paul J. McNulty, United States Attorney, Gene Rossi, Assistant United States Attorney, Mark D. Lytle, Assistant United States Attorney, Alexandria, Virginia, for Appellee. Jack R. Bierig, Sidley Austin Brown & Wood, L.L.P., Chicago, Illinois; Eamon P. Joyce, Sidley Austin Brown & Wood, L.L.P., Washington, D.C., for Amicus Curiae, American Academy of Pain Medicine, Supporting Appellant. Andrew L. Schlafly, Far Hills, New Jersey, for Amicus Curiae, The Association of American Physicians & Surgeons, Supporting Appellant. Samuel Rosenthal, Curtis, Malletprevost, Colt & Mosle, L.L.P., Washington, D.C., for Amici Curiae, The American Pain Foundation, The National Pain Foundation, and The National Foundation for the Treatment of Pain, Supporting Appellant. Joshua L. Dratel, Co-Chair, NACDL, Amicus Committee, New York, New York; Robert P. Marcovitch, Atlanta, Georgia, for Amicus Curiae, National Association of Criminal Defense Lawyers, Supporting Appellant. David T. Goldberg, New York, New York; Sean H. Donahue, Washington, D.C., for Amici Curiae, Russell K. Portenoy, Richard Payne, Peggy Compton, Celeste Johnston, Robert Twillman, and William L. Marcus, Supporting Appellant.

Before WIDENER and TRAXLER, Circuit Judges, and CAMERON McGOWAN CURRIE, United States District Judge for the District of South Carolina, sitting by designation.


Vacated and remanded by published opinion. Judge TRAXLER wrote the majority opinion, in which Judge CURRIE joined. Judge WIDENER wrote a concurring and dissenting opinion.

OPINION

TRAXLER, Circuit Judge:

A jury convicted Dr. William E. Hurwitz of multiple counts of drug trafficking for prescribing narcotic pain medicine in violation of 21 U.S.C.A. §§ 841(a)(1) and 846 (West 1999). Hurwitz appeals, arguing, inter alia, that the district...

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