U.S. v. Kohli

Record contained sufficient evidence to support defendant-doctor’s conviction under section 841(a) of Controlled Substances Act arising out of claim that defendant prescribed narcotics without legitimate medical purpose. Govt. expert testified that review of defendant’s patient files indicated that defendant prescribed addictive opioids even though: (1) said patients were known to be simultaneously obtaining controlled substances from other sources; (2) said patients sought and received renewal prescriptions from defendant prior to their scheduled renewal date; and (3) said patients had toxicology screens in which they tested negative for presence of prescribed medications but positive for other controlled substances. Fact that said patients suffered from legitimate medical conditions associated with chronic pain did not require different result. Moreover, defendant was not denied fair trial when: (1) defendant was impeached by fact that one of his patients had died of drug overdose, which was contrary to claim made by defendant on his direct examination, since collateral evidence rule to preclude impeachment applies only when defendant’s original claim was made during his cross-examination and when govt. seeks to present documentary evidence to impeach defendant; and (2) govt. presented testimony of expert who could properly testify that defendant’s prescriptions were inconsistent with usual course of professional medical practice.