United States v. Felix Brizuela, Jr.

Summary

The Fourth Circuit held that the district court abused its discretion by admitting testimony from patients whose treatment was not charged in the indictment, as the evidence was not "necessary to complete the story" of the charged offenses under *United States v. Kennedy* and was not admissible under Federal Rule of Evidence 404(b)(2) to show absence of mistake or accident. Because the government failed to establish harmless error, the court reversed the conviction of a physician for unlawfully distributing controlled substances under 21 U.S.C. § 841(a)(1) and remanded for a new trial. The case clarifies that in prosecutions for prescription-specific violations, uncharged patient testimony must have a clear nexus to the charged prescriptions to be intrinsic evidence, and cannot be used merely to show a pattern of improper prescribing.

Holdings

1. The district court abused its discretion in admitting the testimony of patients whose treatment was not charged because the testimony was not necessary to complete the story of the charged offenses under United States v. Kennedy, 32 F.3d 876 (4th Cir. 1994), and was not admissible under Rule 404(b)(2) to show absence of mistake or accident.

Questions Presented

1. Whether the district court abused its discretion by admitting testimony of patients whose treatment was not the basis for any charged offense under the 'complete the story' doctrine or Federal Rule of Evidence 404(b).

Disposition

reversed_and_remanded