United States v. Harold Spear, III

Defendant Harold C. Spear, III, M.D., appeals his conviction by guilty plea to five counts of distributing controlled substances outside the usual course of professional medical practice and not for a legitimate medical purpose. The government argues this appeal should be dismissed based on a provision of the plea agreement that limits Spear’s appellate rights. We reject this argument and reach the merits of this appeal because Spear’s knowing and voluntary waiver of his right to appeal his sentence did not extend to this appeal of his conviction by guilty plea.

BACKGROUND

Spear was a licensed physician and the owner and operator of two family practices in Kauai, Hawaii. In June 2007, Spear was indicted in the District of Hawaii for 20 counts of distributing oxycodone and methadone outside the usual course of professional medical practice and not for a legitimate medical purpose, in violation of 21 U.S.C. § 841 (a)(1) and (b)(1)(C)/ A two-count criminal information charging Spear with dispensing hydrocodone outside the usual and customary scope of professional practice and not for a legitimate medical purpose was later filed against him in the Northern District of…