Appeals Results · U.S. Supreme Court & Federal Circuits Nationwide

Criminal Appeals Results

The criminal appeals results below show what happens when an experienced appellate team takes a hard look at a conviction.

At The Law Offices of Beau B. Brindley, that work has reached the Supreme Court of the United States, where the firm won a unanimous ruling that changed federal law for physicians nationwide, and it has produced vacated convictions, reduced sentences, and a lasting change in Seventh Circuit law. 

Each appeal is documented with the published opinion and, where available, the oral-argument recording, so you can review the work yourself. The summaries describe the issue on appeal, the argument, and the result. If you need to challenge a conviction or sentence, call 312.765.8878 — appeals have strict deadlines.

APPEAL Results

U.S. Supreme Court & Federal Circuits Nationwide

The firm’s appellate work is not limited to Chicago. The cases in this section were decided by the Supreme Court of the United States, the Fourth Circuit, and the Tenth Circuit, and each turned on the same question: whether a jury was permitted to convict a physician without ever deciding what he actually knew and intended. Ruan answered that question for every federal court in the country, and the decisions that followed applied it. Each entry below links to the published opinion and, where one exists, the argument recording.

01
Unanimous Supreme Court judgment (9-0); all convictions vacated and a new trial ordered.

Ruan v. United States / Kahn v. United States

Unlawful prescribing · U.S. Supreme Court · Argued March 1, 2022 · Decided June 27, 2022

Dr. Shakeel Kahn, a physician who practiced in Arizona and Wyoming, was convicted of unlawfully dispensing controlled substances under 21 U.S.C. § 841. His jury had been told it could convict if his prescriptions fell outside the usual course of professional practice, an objective test that never asked what Dr. Kahn himself knew or intended. After the Tenth Circuit affirmed, the firm took the case to the Supreme Court, which consolidated it with Ruan v. United States. Beau Brindley argued for Dr. Kahn.

 

The Court ruled for the doctors without a single dissent, holding that the government must prove a prescriber knowingly or intentionally acted in an unauthorized manner. On remand, the Tenth Circuit vacated every one of Dr. Kahn’s convictions and ordered a new trial. The decision now governs prescribing prosecutions in every federal court in the country.

02
Convictions vacated and a new trial ordered.

United States v. Smithers

Unlawful prescribing · Fourth Circuit ·
Decided February 2, 2024 · 92 F.4th 237

Dr. Joel Smithers, a Virginia physician, was convicted on hundreds of prescribing counts and sentenced to 40 years in prison. While his appeal was pending, the Supreme Court decided Ruan. The firm argued that Dr. Smithers’ jury instructions let jurors convict on an objective standard, including an instruction describing good faith as “an objective test,” rather than on what he actually knew and intended. The Fourth Circuit agreed that the instructions misstated the law, held that the error was not harmless, vacated the convictions, and ordered a new trial. The published opinion has since been relied on by other courts applying Ruan.

03
Majority of convictions vacated o
n remand from the Supreme Court.

United States v. Henson

Unlawful prescribing · U.S. Supreme Court & Tenth Circuit ·
Decided March 2, 2023

Dr. Henson, a Wichita, Kansas pain-management physician, was convicted of § 841 prescribing offenses, and the Tenth Circuit affirmed in 2021. After the firm’s win in Ruan, the Supreme Court vacated that judgment and sent the case back. On remand, the Tenth Circuit agreed that the jury instructions were erroneous under Ruan and Kahn and vacated most of Dr. Henson’s convictions.

News Sources: 10th Cir. opinion on remand

 

Federal Results - High Profile

Seventh Circuit

The Seventh Circuit hears appeals from the federal district courts of Illinois, Indiana, and Wisconsin, which is where most of the firm’s trial work is reviewed. The appeals below vacated convictions over withheld Brady material, improper prior-conviction evidence, a willful-blindness instruction that did not fit the facts, and the denial of a defendant’s chosen counsel. One cut a client’s exposure from roughly 30 years to about two. Another lost on its own terms and still changed the evidentiary law of the circuit. Each entry links to the opinion and, in most cases, the oral-argument audio.

01
Conviction vacated

United States v. Bell

Brady violation · Argued May 25, 2017

After Mr. Bell was convicted on a government informant’s testimony, the firm discovered that the informant had simultaneously been working with another drug supplier at the same corner — and that the government knew this during trial but withheld it, preventing impeachment on cross-examination. On appeal, the firm established that this violated the government’s disclosure duty and Mr. Bell’s constitutional rights.

02
Conviction vacated

United States v. Richards (Appeal)

Improper prior-conviction evidence · Argued Apr 5, 2013

Over objection, the government had introduced Mr. Richards’s prior cocaine conviction at trial, inviting the jury to view him as an incorrigible drug dealer. On appeal, the firm demonstrated that this allowed the jury to convict him for past mistakes rather than the charged conduct.

03
Conviction vacated

United States v. Macias

Improper jury instruction · Argued May 19, 2015

Mr. Macias testified he believed the money he transported came from alien-smuggling rather than narcotics, which would make him not guilty of knowingly joining a drug conspiracy. The trial court nonetheless gave a willful-blindness instruction allowing conviction if he deliberately avoided confirming the money was drug-related. The firm argued the instruction was inappropriate on these facts, and the Seventh Circuit agreed.

04
Conviction reversed

United States v. Sellers

Choice of counsel

Hired after sentencing, the firm presented evidence and argument to the Seventh Circuit showing that the trial court had violated Mr. Sellers’s right to counsel. The court reversed his conviction and instructed the trial court to consider his release on bond with all due haste.

Sources: 7th Cir. opinion

05
Conviction reversed

United States v. Smith

Choice of counsel · Argued Jan 19, 2010

Mr. Smith pleaded guilty after the district court refused to let him retain the firm as trial counsel due to a conflict with the court’s intended trial date, forcing him to accept appointed counsel against his will. On appeal, the firm argued this unconstitutionally denied his right to choice of counsel and invalidated his plea. The Seventh Circuit agreed and vacated the plea.

06
Conviction overturned in part;
sentence drastically reduced.

United States v. Banks

Undisclosed evidence · Argued May 28, 2008

Preparing post-trial motions, the firm discovered that a DEA chemist who testified at Mr. Banks’s trial had been under investigation at the time, and that this had not been disclosed. A hearing exposed the bias tainting her testimony, and the chief judge overturned the possession-with-intent conviction and the jury’s drug-quantity findings — cutting Mr. Banks’s exposure from roughly 30 years to about two. The government appealed and lost.

07
Sentence reduced

United States v. Bryant

Sentencing · Argued Oct 21, 2008

At sentencing the government sought a career-offender term of more than 30 years. Over a five-day sentencing hearing, the firm showed the career-offender claim was false; the judge imposed 15 years instead. The firm then successfully appealed and won a further four-year reduction.

08
Appeal denied, but a defense-favorable
change in Seventh Circuit law.

United States v. Gorman

Change in circuit law · Argued Apr 6, 2010

Although the Seventh Circuit singled out the firm’s argument as clever, it declined to overturn Mr. Gorman’s conviction. But the case led the court to abolish the doctrine of inextricable intertwinement — a rule that had let the government introduce inappropriate evidence at criminal trials. While Mr. Gorman did not win his appeal, the decision was a lasting victory for defendants throughout the circuit.

"An appellate court cannot fix what nobody preserved. Our work is to find the error in the record and give the court a reason it can write down."
The Law Offices of Beau B. Brindley
What Is a Federal Crime Attorney?

How These Results Are Won

Every case is prepared for trial. The firm does not build cases around a plea. Prosecutors know when a defense is ready to try a case, and that readiness drives dismissals and better outcomes long before a jury is seated.

Cross-examination decides cases. Again and again in these results, the turning point was a witness — an agent, an officer, a cooperator — whose account fell apart under questioning.

Trial work protects the appeal. Objections made and instructions requested at trial are what make an appellate win possible. That is how a jury-instruction dispute in a Wyoming courtroom became a unanimous Supreme Court ruling for physicians nationwide.

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Appeals Have Deadlines.
Call Brindley Law Today.

The verdicts on this page came from cases the government expected to win. At The Law Offices of Beau B. Brindley, we prepare every federal case for trial from day one, and prosecutors know it long before a jury is seated. If you are under federal investigation or already indicted — in the Northern District of Illinois or anywhere in the country — call 312.765.8878 for a confidential consultation. The earlier we enter a case, the more there is to work with.

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