January 11, 2018
from the United States District Court for the Northern
District of Illinois, Eastern Division No. 1:16-cr-00079-1 -
Samuel Der-Yeghiayan, Judge.
Easterbrook and Barrett, Circuit Judges, and Stadtmueller,
District Judge. [*]
STADTMUELLER, DISTRICT JUDGE.
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.
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
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.
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.
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.
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.
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.
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.
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 ...