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UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA
No. 05-CR-282 (MJD/JJG)

United States of America,
Plaintiff,

vs.

Christopher William Smith (1),

Defendant.

MOTION FOR A NEW TRIAL
* *
Defendant Christopher William Smith, by and through his undersigned attorney, Lisa Lodin
Peralta, hereby moves the Court for a new trial pursuant to Federal Rule of Criminal Procedure 33.
In support of that motion, Defendant asserts the following grounds:

1. The Court erred by allowing an unqualified “expert” to testify to the prevailing standards of
medical practice in the United States; this testimony was the only evidence concerning
prevailing standards.

2. The Court erred by instructing the jury to consider prevailing standards of medical practice
in the United States as having to be satisfied in order for a prescription to be valid when
there was no qualified testimony concerning such practice.

3. The Court erred by refusing to instruct the jury that a good-faith reading of CFR 1306.04
could support an acquittal.

4. The Court erred by refusing to instruct the jury that the seminal question of fact was
whether the prescriptions in issue where issued in the usual course of Dr. Mach’s practice
rather than in the usual course of the prevailing standards of medical practice in the United
States.

-2-
WHEREFORE, Defendant Christopher William Smith respectfully requests the Court grant
his motion for a new trial.

Dated: November 28, 2006

/s/ Lisa Lodin Peralta
Lisa Lodin Peralta
Attorney Reg. No. 0254484
Suite 320 Fifth Street Towers
150 South Fifth Street
Minneapolis, MN 55402
(612)279-2424
Attorney for Defendant Smith

Attachment	Date	Size
MotNewTrial.pdf	07/20/07 2:19 pm	32.55 KB