Pubdate: Thu, 01 Dec 2005
Source: Richmond Times-Dispatch (VA)
Copyright: 2005 Richmond Newspapers Inc.
Contact:  http://www.timesdispatch.com/
Details: http://www.mapinc.org/media/365
Author: Associated Press

COURT AFFIRMS S.C. DOCTORS' CONVICTIONS BUT ORDERS NEW SENTENCING

RICHMOND, Va. - A federal appeals court on Thursday affirmed the 
convictions of three South Carolina doctors who improperly prescribed 
painkillers and bilked insurance companies by ordering unnecessary 
medical tests.

However, a three-judge panel of the 4th U.S. Circuit Court of Appeals 
ruled the doctors are entitled to a new sentencing because of a U.S. 
Supreme Court ruling earlier this year that struck down mandatory 
sentencing guidelines.

Deborah Bordeaux, Ricardo Alerre and Michael D. Jackson were 
convicted of drug distribution, drug conspiracy and money-laundering 
conspiracy. Bordeaux was sentenced last year to 24 years and four 
months, Alerre to 19 years and seven months and Jackson to eight 
years and one month.

The physicians worked at the Comprehensive Care and Pain Management 
Center in Myrtle Beach. The center was a front for illegally selling 
narcotics, including OxyContin, and for carrying out a health care 
fraud scheme.

The appeals court rejected the doctors' claim that they were entitled 
to a new trial because lawyers on both sides confused the standards 
for civil malpractice and criminal liability.

"The jury entered its deliberations armed with ample admissible 
evidence and with proper instructions on the applicable legal 
principles," Judge Robert King wrote in the unanimous opinion.

The doctors also unsuccessfully argued that evidence of a 
money-laundering conspiracy was insufficient.

However, the appeals court said that even the prosecution 
acknowledged the defendants were entitled to a new sentencing because 
of the Supreme Court's ruling in U.S. v. Booker. In that case, the 
court ruled 5-4 that mandatory federal sentencing guidelines violated 
a defendant's Sixth Amendment right to a jury trial because they call 
for judges to make factual decisions that affect prison time. 
Guidelines now are only advisory.
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