DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
222864P.pdf 05/17/2023 United States v. Abdul Naushad
U.S. Court of Appeals Case No: 22-2864
and No: 22-2865
U.S. District Court for the Eastern District of Missouri - St. Louis
[PUBLISHED] [Benton, Author, with Grasz and Stras, Circuit Judges]
Criminal case - Criminal law. The evidence was sufficient to support
defendants' convictions for conspiracy and health care fraud; the district
court made no specific ruling preventing defendant's from presenting
certain expert testimony, and their failure to obtain such a ruling meant
the issue was waived; in any event, the proposed evidence had the
potential to mislead the jury and it would have been proper to exclude it;
the district court did not err in striking a sentence from defendants'
proposed theory-of-defense instruction as it would have misled the jury;
the court permitted defendants to make their arguments regarding the
medication in question but did not err in prohibiting arguments that
misrepresented the evidence or the law; no error in refusing defendants'
advice-of-counsel instruction as they had not provided their attorney with
all material facts before seeking advice.