United States v. Lawrence Mark Sherman -Eastern District of Michigan at Ann Arbor
Split Score
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Case Summary
Disposition
Affirmed
Dr. Lawrence Sherman was convicted of conspiring to distribute and unlawfully distributing controlled substances through a cash-only pain clinic. The Sixth Circuit rejected challenges to the sufficiency of the evidence, jury instructions, evidentiary rulings, and alleged judicial bias, and therefore affirmed both the convictions and the denial of a new-trial motion.
Circuit Split Identified
Legal Issue
Whether a defendant waives full appellate review of the sufficiency of the evidence by failing to renew a Rule 29 motion for judgment of acquittal after the defense case when the district court has reserved decision on the mid-trial motion.
Circuit Positions
Failure to renew the Rule 29 motion after the defense case constitutes waiver even if the district court reserved ruling.
No waiver occurs when the district court reserves ruling; renewal at the close of all evidence is unnecessary.
Conflict Summary
Most circuits, including prior Sixth Circuit precedent, treat the failure to renew a Rule 29 motion after the defendant presents evidence as a waiver, permitting only manifest-miscarriage-of-justice review. The D.C. Circuit holds that when the district court explicitly reserves ruling on the mid-trial motion, the defendant need not renew the motion to preserve ordinary sufficiency review.