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United States v. Rosenberg

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ARGUED SEPTEMBER 14, 2009

Before EASTERBROOK, Chief Judge, and BAUER and EVANS, Circuit Judges.

This appeal, like many others we see, involves a squabble over what constitutes properly considered “relevant conduct” under the federal sentencing guidelines. Candice Rosenberg, a 60-year-old nurse practitioner working in the area around Rhinelander (Wisconsin), was charged in an 82-count indictment with prescribing a variety of controlled sub- stances-including oxycontin, vicodin, and fentanyl-to nine people, each of whom she knew did not have a legitimate need for the medications. In other words, the indictment claimed that Rosenberg’s prescriptions were “not written in the usual course of professional practice” as required by the Controlled Substances Act. One of the nine recipients of Rosenberg’s prescriptions died after allegedly overdosing on fentanyl.

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