Appeals court upholds Brigham City pill doctor's conviction
Kerry Jensen, Deseret News
SALT LAKE CITY — A federal court has denied a Brigham City doctor's appeal of his conviction for illegally prescribing painkillers.
The 10th Circuit Court of Appeals rejected Dewey C. MacKay's argument that the jury had insufficient evidence to convict him. MacKay also challenged certain jury instructions, admission of a piece of evidence and expert witness testimony.
The court, however, did send the case back to U.S. District Court to clarify for the record the sentence Judge Dee Benson imposed. MacKay argued that the sentences on some of the counts taken individually were excessive.
A jury in December 2011 found the doctor guilty of 37 counts of illegally dispensing painkillers, including two that resulted in the death of a 55-year-old man; and three counts of using a communication device in a drug trafficking offense. Jurors acquitted him of 44 other counts.
Benson sentenced MacKay to 20 years in prison.
— Dennis Romboy
- Logan couple killed, baby survives in auto...
- BYU conference explores what's next for...
- Should Meagan Grunwald get life without parole?
- Car hydroplanes, pushes stranded vehicle on...
- Officer being called a hero for saving Salt...
- Firefighter puts injured dog on shoulders,...
- 25 of the craziest — and cutest —...
- Photos: A photographic look at President Boyd...
- BYU conference explores what's next for... 64
- Should Meagan Grunwald get life without... 54
- President Boyd K. Packer, champion of... 41
- Idaho's gay marriage ban remains in... 38
- Former Provo High teacher pleads guilty... 27
- Utah senators seeking support for... 17
- Rubio, Christie planning sleepover with... 12
- Logan couple killed, baby survives in... 12