report in youarewithinthenorms.com

DR. TERANCE SASAKI, MD NORMAN J CLEMENT RPH., DDS, NORMAN L. CLEMENT PHARM-TECH, MALACHI F. MACKANDAL PHARMD, BELINDA BROWN-PARKER, IN THE SPIRIT OF JOSEPH SOLVO ESQ., INC.T. SPIRIT OF REV. IN THE SPIRIT OF WALTER R. CLEMENT BS., MS, MBA. HARVEY JENKINS MD, PH.D., C.T. VIVIAN, JELANI ZIMBABWE CLEMENT, BS., MBA., IN THE SPIRIT OF THE HON. PATRICE LUMUMBA, IN THE SPIRIT OF ERLIN CLEMENT SR., WALTER F. WRENN III., MD., JULIE KILLINGWORTH, LESLY POMPY MD., CHRISTOPHER RUSSO, MD., NANCY SEEFELDT, WILLIE GUINYARD BS., JOSEPH WEBSTER MD., MBA, BEVERLY C. PRINCE MD., FACS., NEIL ARNAND, MD., RICHARD KAUL, MD., LEROY BAYLOR, JAY K. JOSHI MD., MBA, ADRIENNE EDMUNDSON, ESTER HYATT PH.D., WALTER L. SMITH BS., IN THE SPIRIT OF BRAHM FISHER ESQ., MICHELE ALEXANDER MD., CUDJOE WILDING BS, MARTIN NJOKU, BS., RPH., IN THE SPIRIT OF DEBRA LYNN SHEPHERD, BERES E. MUSCHETT, STRATEGIC ADVISORS

UNITED STATES COURT OF APPEALS FOR THE 10TH CIRCUIT

“Based on Ruan, in a separate decision, the Supreme Court vacated our judgment affirming Dr. Henson’s convictions, see Henson v. United States, — U.S. —-, 142 S. Ct. 2902 (2022). We have since received a supplemental briefing from the parties addressing the implications of Ruan and Kahn for the vitality of Dr. Henson’s convictions.

The parties agree that Ruan and Kahn render erroneous certain jury instructions that the court issued implicating the mens rea requirement of § 841. The parties further agree that these instructional errors were not harmless, as to most of Dr. Henson’s convictions. In particular, they agree that the erroneous instructions rendered fatally infirm all of Dr. Henson’s convictions except for his convictions as to Counts 19 and 20.

Consequently, the parties agree that the appropriate course of action for us is to order the vacatur of all of Dr. Henson’s counts of conviction, except for Counts 19 and 20, and to remand for further proceedings.”

BACKGROUND OF THE DR. STEVEN HENSON, MD CASE

Dr. Steven R Henson’s legal team led by Beau B. Brindley and with Blair T. Westover on the for Defendant-Appellant had argued that the:

“Federal government has no business trying to define what practices are and are not within the “course of professional medical practice” or what constitutes a “legitimate medical purpose.”

Dr. Steven R. Henson, MD, the legal team moved to dismiss the government’s indictment charging him with distributing and conspiring to distribute controlled substances in violation of Title 21 U.S.C. § 841(a) and 21 U.S.C. § 846 of the Controlled Substance Act (CSA), as well as non-drug related offenses not at issue now. Specifically, the defendant argues:

AGUSA Attorney Stephen McAllister had stated:

“I want this case to send a message to physicians and the health care community,”

McAllister said:

“Unlawfully distributing opioids and other controlled substances is a federal crime that could end a medical career and send an offender to prison.”

(1) the language of the statute requiring controlled substances be issued in the “usual course of his professional practice” and for “a legitimate medical purpose” is unconstitutionally vague as applied to his case (Dkt. 268, at 1-2); and

(2) the indictment sets forth an “illegitimate standard of medical care” to evaluate the defendant’s actions by preempting state law with an arbitrary federal standard. (Dkt. 268, at 15).

The 10th Circuit Court of Appeals found these arguments unpersuasive. Thus, the defendant’s motion to dismiss is denied. 

C-span video Beau Brindley

https://www.c-span.org/person/?133432/BeauBrindley

Beau Brindley, defense attorney for both Drs Henson and Kahn, states:

“Beginning with the reversal of Dr. Kahn’s conviction, and now the reversal of Dr. Henson’s, my office continues its efforts to dismantle a corrupt system that has scapegoated doctors for an opiate crisis for which they are not responsible.  

No more will mere negligence be morphed into drug trafficking by federal prosecutors who want to appear to be fighting the opiate crisis while actually punishing chronic pain patients who need their doctors.”

Wichita Doctor Sentenced to Life For Diverting Rx Drugs to the Streets 

WICHITA, KAN. – (March 2019), U.S. Attorney Stephen McAllister said that Wichita physician Steven R. Henson was sentenced today to life in federal prison for unlawfully distributing prescription drugs.

“I want this case to send a message to physicians and the health care community,” McAllister said, “Unlawfully distributing opioids and other controlled substances is a federal crime that could end a medical career and send an offender to prison.”

McAllister continued:

“We are dealing with an epidemic. Nationwide, more than 70,000 Americans died in 2017 from drug overdoses. That is more than all the American casualties during the war in Vietnam.”

Henson, 57, operated the Kansas Men’s Clinic at 3636 N. Ridge Road in Wichita, stood trial in October and was convicted on the following counts:

• Conspiracy to distribute prescription drugs outside the course of medical practice (Counts 1 and 2).
• Unlawfully distributing oxycodone (Counts 3 through 14).
• Unlawfully distributing oxycodone, methadone and alprazolam (Count 16).
• Unlawfully distributing methadone and alprazolam, the use of which resulted in the death of a victim on July 24, 2015, identified in court records as N.M. (Count 17)
  Presenting false patient records to investigators (Count 19).
• Obstruction of justice (Count 20)
• Money laundering (Counts 26 through 31).

Evidence at trial showed Henson was giving dangerous, maximum-strength opioid prescriptions to people who did not need them.

Henson was registered with the Drug Enforcement Administration to dispense prescription controlled substances. His registered addresses included the Wichita Men’s Clinic and a location at 1861 N. Rock Road, Suite 201.

During the trial, prosecutors presented evidence that Henson:

• Wrote prescriptions without a medical need.
• Wrote prescriptions in return for cash.
• Post-dated prescriptions.
• Wrote prescriptions without a legitimate medical exam.
• Wrote prescriptions for people other than the ones who came to see him.

STEVEN HENSON’S LIFE SENTENCE VACATED BASED ON SUPREME COURT RULING RUAN-KHAN vs. UNITED STATES

Accordingly, in light of the parties’ agreements in their supplemental briefs, we REMAND this case to the district court with instructions to VACATE all of Dr. Henson’s counts of conviction except for Counts 19 and 20 (that is, to vacate his convictions on Counts 1–14, 16, 17, and 26–31) and for further proceedings consistent with this order and judgment.

Entered for the Court

Jerome A. Holmes, Chief Judge

March 2, 2023

MESSAGE SENT TO ALL PHYSICIANS, PHARMACISTS, DENTIST HEALTHCARE PROVIDERS, DEA-DOJ, PROSECUTORS, AND SMCS*

RUAN-KHAN IS THE LAW

THE COURT HAS SPOKEN

FOR NOW, YOU ARE WITHIN

THE NORMS

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