United States v. Masoud Bamdad

MEMORANDUM

Masoud Bamdad, M.D., appeals his conviction and sentence for illegally prescribing oxycodone in violation of 21 U.S.C. §§ 841 and 858.

The jury convicted Bamdad on ten counts of illegally prescribing oxycodone and three counts of illegally prescribing oxycodone to persons under twenty-one years old. The jury hung on four other counts, including count 19 — alleging illegal distribution resulting in death. The jury also convicted Bamdad on one count of criminal forfeiture of his medical office building. The district court sentenced Bamdad to 300 months (25 years) in custody and a $1 million fine, in addition to the forfeiture of his interest in the medical building.

First, Bamdad claims that the evidence presented at trial was insufficient to support his convictions. Second, Bamdad argues that the district court’s decision not to give a cautionary instruction regarding playback of the government’s undercover tapes during jury deliberation was reversible error. Third, Bamdad asserts that some of the government’s evidence regarding count 19, the “death count”, resulted in retroactive misjoinder due to prejudicial spillover. Fourth, Bamdad assigns error to the denial of…