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United States v. Redman

United States Court of Appeals, Seventh Circuit

April 17, 2018

United States of America, Plaintiff-Appellee,
v.
Scott C. Redman, Defendant-Appellant.

          Argued January 11, 2018

          Appeal from the United States District Court for the Northern District of Illinois, Eastern Division No. 1:16-cr-00079-1 - Samuel Der-Yeghiayan, Judge.

          Before Easterbrook and Barrett, Circuit Judges, and Stadtmueller, District Judge. [*]

          STADTMUELLER, DISTRICT JUDGE.

         From September 2015 until his arrest in February 2016, Scott Redman posed as a psychiatrist at a Chicago medical clinic using the name and license number of Dr. Julian Lopez Garcia. He "treated" patients who suffered from a variety of mental illnesses, and he "prescribed" a variety of controlled substances. Redman is not a doctor; indeed, he did not attend school past the tenth grade.

         A jury found Redman guilty of wire fraud, aggravated identity theft, furnishing false and fraudulent material information in documents required under the federal drug laws, and distributing controlled substances. The district court sentenced Redman to 157 months' imprisonment for these offenses.

         On appeal, Redman does not contest his convictions, but he claims that the district court erred in determining the appropriate sentence. Finding no error in Redman's sentence, we affirm the decision of the district court.

         I. HISTORY

         Scott Redman identified himself as Dr. Julian Lopez Garcia when he responded to an advertisement for an open psychiatry position at Clarity Clinic, a downtown Chicago mental health clinic. He submitted a curriculum vitae in which he claimed to have attended the University of Connecticut for undergraduate and medical school, as well as a residency, and that he was licensed to practice medicine in the state of Illinois. In mid-September 2015, Redman interviewed with the clinic owner, Dr. Pavan Prasad, to whom he recited the lies listed on his curriculum vitae. At the close of the interview, Dr. Prasad offered him a job.

         Redman initially declined the offer, but at the end of October 2015, he reached out to Dr. Prasad and accepted a contract position at Clarity Clinic as a psychiatrist. Prior to commencing employment, Redman provided falsified documentation of his credentials: an employment application, payroll application, I-9 Employment Eligibility Verification form, W-9 form, photograph of an Indiana driver's license with Redman's picture, photocopy of an Illinois medical license, photocopy of a medical school diploma, a residency certificate for training in psychiatry, and a photocopy of a social security card.

         He enlisted the help of online counterfeiting services ("fakediplomanow.com, " for example) to create some of these falsified documents. Each bore the name of Julian Lopez Garcia. In addition, Redman submitted an online Drug Enforcement Administration Form 224 using false information to obtain a DEA registration number, thereby enabling him to prescribe controlled substances. He obtained malpractice insurance by using false information as well.

         During his approximately two-and-a-half months of employment at Clarity Clinic, Redman "treated" patients with a combination of therapy and controlled substances. He issued approximately 92 prescriptions for controlled substances to 57 patients. Unsurprisingly, the government's trial presentation included evidence that Redman made errors in his practice, particularly with respect to prescriptions.

         In one instance, Redman prescribed 5 milligrams of a particular controlled substance, benzodiazepine, for which a normal dosage is in the range of .5 milligrams. Dr. Prasad testified that any dosage of benzodiazepine for the particular patient to whom Redman prescribed it was concerning because of the patient's previous history of addiction. Another patient, whom Redman diagnosed with two mental illnesses treatable with two prescription medications, testified at trial that she later saw a real doctor who determined she had been completely misdiagnosed and changed her medications.

         The clinic attributed Redman's mistakes to his being a recent graduate, a "little rusty" on fundamentals that he would eventually correct. At trial, Dr. Prasad testified that he thought Redman was doing a "decent job." By the end of his time at Clarity ...


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