Appeal from the United States District Court for the Northern District of Ohio at Toledo.
No. 3:19-cr-00490-1—Jack Zouhary, District Judge.
Argued: April 27, 2023
Decided and Filed: September 25, 2023*
Before: KETHLEDGE, WHITE, and STRANCH, Circuit Judges.
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AMENDED OPINION
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JANE B. STRANCH, Circuit Judge. Dr. William Bauer most recently practiced as a
Board-certified neurologist in Bellevue, Ohio. He regularly prescribed a high quantity of
controlled substances to his patients for pain management. The Drug Enforcement Agency
(DEA) investigated Bauer for these prescribing practices, and he was ultimately indicted for
unauthorized distribution of controlled substances to 14 of his patients. A jury found him guilty
on all counts, and he timely appealed. He raises two issues stemming from the Supreme Court’s
intervening decision in Ruan v. United States, 142 S. Ct. 2370, (2022), and two evidentiary
issues. Because we find that the district court did not plainly err in instructing the jury regarding
the appropriate mens rea and did not otherwise err, we AFFIRM. |