Case Explained: 26a0171p.06

Court: United States Court of Appeals for the Sixth Circuit Filed: 2026-06-16 The sixth-circuit affirmed the convictions and sentences of Evann Herrell, Mark Grenkoski, and Keri McFarlane for conspiracy to distribute controlled substances, healthcare fraud, and money laundering arising from their operation of a “pill mill” clinic called Express Health Care. The court held that the evidence presented at trial was sufficient to support the verdicts under the standard that any rational trier of fact could find the essential elements of the crimes beyond a reasonable doubt when viewing the evidence in the light most favorable to the prosecution. Specifically, the court found ample proof that the defendants subjectively knew their prescriptions were not issued for a legitimate medical purpose or in the usual course of professional practice, satisfying the mens rea requirement established by *United States v. Ruan* under 21 U.S.C. § 846 and § 841(a). The court applied an abuse of discretion standard to review evidentiary rulings, de novo review for legal questions regarding jury instructions, and a high burden of showing “compelling, specific, and actual prejudice” to overturn the denial of McFarlane’s motion to sever. The appellate panel rejected challenges regarding the exclusion of evidence about the elimination of the X-waiver rule, finding it had little probative value due to the timeline mismatch; admitted hearsay statements used to show their effect on listeners rather than for the truth of the matter asserted; and admission of text messages and lay witness testimony as relevant and not unduly prejudicial. The court further determined that any isolated evidentiary errors were harmless given the strength of the government’s case and did not constitute cumulative error requiring reversal. Additionally, the court affirmed the district court’s denial of Grenkoski’s Rule 35 motion to correct his sentence, noting the district court correctly applied the 14-day jurisdictional limit under Federal Rule of Criminal Procedure 35(a). As a result of this decision, the defendants’ convictions and prison sentences remain in effect: Herrell is sentenced to 120 months, Grenkoski to 108 months, and McFarlane to 52 months. The judgment of the United States District Court for the Eastern District of Kentucky is affirmed, and the appeals are dismissed without remand. Do It For The Case Law is a news reporting service. Nothing in this episode constitutes legal advice.