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United States v. Schneider

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Before TACHA, O’BRIEN, and GORSUCH, Circuit Judges.

This is an interlocutory appeal by the United States from a pre-trial order issued in the prosecution of Stephen and Karen Schneider (the Schneiders). A thirty-four count indictment charged the Schneiders with, among other things, impermissibly dispensing controlled drugs at their family-owned clinic resulting in the deaths of numerous patients. Count 5 of the indictment charged the Schneiders with illegally distributing drugs to eighteen patients, resulting in death. The target of the government’s appeal is the district court’s order excluding evidence of all but one of the eighteen deaths charged in Count 5 and the court’s placement of a ten-day limitation on the government’s time to present its case. The Schneiders cross-appeal from the district court’s denial of their motion to exclude the government’s expert testimony. Exercising jurisdiction under 18 U.S.C. § 3731, we VACATE the district court’s trial restrictions and REMAND. We DISMISS the Schneiders’ cross-appeal for lack of jurisdiction.

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