United States v. Nazar Bussam

MEMORANDUM

Nazar A1 Bussam appeals from the district court’s order excluding proffered expert testimony and from his 84-month sentence. We have jurisdiction under 28 U.S.C. § 1291 and 18 U.S.C. § 3742 , and we affirm.

The district court did not abuse its discretion in excluding A1 Bussam’s proffered expert testimony that physicians may, with a legitimate medical purpose, prescribe or distribute Schedule II controlled substances for maintenance or detoxification treatment. Congress has delegated to the Secretary of Health and Human Services the authority to determine the scope of professional practice for the medical treatment of narcotic addiction. See Gonzales v. Oregon, 546 U.S. 243, 271-72 , 126 S.Ct. 904 , 163 L.Ed.2d 748 (2006). The Secretary has not authorized the prescription or distribution of Schedule II controlled substances for use in maintenance or detoxification treatment of narcotic dependent persons. See 21 C.F.R. § 1306.07 (d). Thus, the district court did not abuse its discretion in excluding A1 Bussam’s proffered expert testimony.

Al Bussam’s sentence was not substantively unreasonable. The district court gave due consideration to the Sentencing Guidelines and…