U.S. Tenth Circuit - The FindLaw 10th Circuit Court of Appeals Opinion Summaries Blog

US v. Schneider, No. 09-3028

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.

Read US v. Schneider, No. 09-3028

Appellate Information

Filed February 8, 2010


Opinion by Judge O'Brien


For Appellant:

Richard A. Friedman and Tanya J. Treadway, United States Department of Justice, Washington, DC

For Appellees:

Eugene V. Gorokhov, Eugene V. Gorokhov, PLLC, Arlington, VA

Lawrence W. Williamson, Jr., of Williamson Law Firm, LLC, Kansas City, MO