United States v. Arny

After a jury trial, Stephen Arny, M.D., was convicted of conspiracy to distribute and unlawfully dispense prescription pain medications, 21 U.S.C. 841(a)(1) and 846. Approximately three months later, but before sentencing, Arny secured new counsel, who later moved for a new trial based on trial counsel’s constitutionally ineffective assistance. The district court granted the motion based on its finding that Arny’s Sixth Amendment right to counsel had been violated by counsel’s misrepresentation that the government had stated that another doctor (Saxman) who had worked with Arny and his co-defendants either had a plea deal or would be indicted soon and that her clinic was searched; counsel’s failure to interview Saxman or call her to testify in order to explain the legitimacy of her treatment plans that Arny continued; and counsel’s failure to investigate or interview any of Arny’s patients. The Sixth Circuit affirmed. The affidavits of Saxman and the former patients establish a “reasonable probability that, but for [trial] counsel’s unprofessional errors, the result of the proceeding would have been different.” View "United States v. Arny" on Justia Law