Jan. 5, 2023 – The Atlanta-based 11th U.S. Circuit Court of Appeals overturned the convictions of Xiulu Ruan and John Couch for unlawfully dispensing controlled substances after finding that under a Supreme Court ruling in June in Ruan’s case, jurors were wrongly instructed on how to determine their guilt.
But the three-judge panel declined to disturb their other convictions for conspiring to violate the Controlled Substances Act, commit racketeering and accept kickbacks from a bankrupt opioid drug manufacturer, Insys Therapeutics Inc.
Prosecutors must now decide whether to retry Ruan and Couch or move straight to resentencing on their remaining convictions. Ruan was serving a 21-year prison term and Couch was sentenced to 20 years.
Domingo Soto, Couch’s lawyer, said he was considering his options including pursuing a further appeal. Lawrence Robbins, Ruan’s lawyer, declined to comment. Prosecutors did not respond to requests for comment.
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