In a prosecution for impermissibly dispensing controlled drugs, an order excluding evidence of all but one of the eighteen deaths charged in one count of the indictment and the court's placement of a ten-day limitation on the government's time to present its case is vacated where the district court's ruling effectively dismissed separately charged conduct brought by the government against defendants, and thus impermissibly intruded upon the authority of the executive branch to design a criminal prosecution in the way it deemed most prudent.
Filed February 8, 2010
Opinion by Judge O'Brien
Eugene V. Gorokhov, Eugene V. Gorokhov, PLLC, Arlington, VA
Lawrence W. Williamson, Jr., of Williamson Law Firm, LLC, Kansas City, MO