United States v. John Gayden (11th Cir. October 2020)
Drug Offenses, Eleventh Circuit, Fourth Amendment, Speedy Trial
|The Eleventh Circuit affirmed a defendant doctor’s conviction and sentence for operating a “pill mill.” Among other things, the Court held that a physician does not have standing to challenge the search of a Prescription Drug Monitoring Program because they do not have a privacy interest in their prescriptions. The Court also held that dismissal of the indictment, obtained five years after the defendant’s clinic shut down, was not warranted because the defendant could prove prejudice but not that the government engaged in any deliberative conduct to gain a tactical advantage over him.