Date: 02-06-2020

Case Style:

Case Number: 1:20-cr-00001-GNS

Judge: Greg N. Stivers

Court: United States District Court for the Western District of Kentucky (Warren County)

Plaintiff's Attorney: David Weiser

Defendant's Attorney:

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Description: Bowling Green, KY - The United States of America charged Kenton L. Shearer with illegal distribution of drugs.

An Albany, Kentucky, pharmacist has pleaded guilty to three counts of illegal distribution of controlled substances, announced the United States Attorney’s Office for the Western District of Kentucky.

Kenton L. Shearer was charged via an Information on January 10, 2020, with three counts of illegal distribution of controlled substances.

Between March 10, 2015, and April 15, 2015, Shearer filled, or allowed his employees to fill, prescriptions containing hydrocodone, a Schedule II controlled substance, for patient J.Y., even though Shearer knew that the prescriptions were not written for a legitimate medical purpose. Shearer knew J.Y. was doctor shopping to obtain prescriptions for the same medications from multiple doctors, and because the hydrocodone polistirex (cough medicine) Dr. Michael Cummings prescribed to J.Y. had been prescribed for far longer than recommended in prescription guidelines.

Between August 16, 2011, and June 21, 2014, Shearer filled, or allowed his employees to fill, prescriptions containing hydrocodone, a Schedule III controlled substance, for patient J.Y., even though Shearer knew that the prescriptions were not written for a legitimate medical purpose. Shearer knew J.Y. was doctor shopping to obtain prescriptions for the same medications from multiple doctors, because the hydrocodone polistirex (cough medicine) Dr. Michael Cummings prescribed to J.Y. had been prescribed for far longer than recommended in prescription guidelines, and because Shearer filled prescriptions early on multiple occasions.

Between August 16, 2011, and April 8, 2015, Shearer filled, or allowed his employees to fill, prescriptions containing alprazolam, a Schedule IV controlled substance, for patient J.Y., even though Shearer knew that the prescriptions were not written for a legitimate medical purpose. Shearer knew J.Y. was doctor shopping to obtain prescriptions for the same medications from multiple doctors, and because Shearer filled prescriptions early on multiple occasions.

The United States will seek a sentence of 15 months in federal prison followed by a term of 3 years supervised release. The defendant has agreed to forfeit a $200,000 monetary judgment to the United State, which will be due on or before the sentencing date. Sentencing is set for May 14, 2020.

Dr. Michael Cummings was prosecuted by the United States and was sentenced to 30 months imprisonment in July of 2019.

The case is being prosecuted by Assistant United States Attorney David Weiser. The case was investigated by the Kentucky State Police, Federal Bureau of Investigation (FBI), and the Kentucky Cabinet for Health and Family Services, Office of the Inspector General.

Charges:

21:841(a)(1) and 841(b)(1)(C)-ILLEGAL DISTRIBUTION OF CONTROLLED SUBSTANCES
(1)
21:841(a)(1) and 841(b)(1)(E)(i)-ILLEGAL DISTRIBUTION OF CONTROLLED SUBSTANCES
(2)
21:841(a)(1) and 841(b)(2)-ILLEGAL DISTRIBUTION OF CONTROLLED SUBSTANCES
(3)

Outcome: 01/28/2020 8 WAIVER OF INDICTMENT by Kenton L. Shearer (JWM) (Entered: 01/28/2020)
01/28/2020 9 WAIVER OF RIGHT TO HAVE APPOINTED COUNSEL by Kenton L. Shearer (JWM) (Entered: 01/28/2020)
01/28/2020 10 PLEA AGREEMENT as to Kenton L. Shearer (JWM) (Entered: 01/28/2020)
01/28/2020 11 PERSONAL RECOGNIZANCE APPEARANCE BOND WITH ORDER SETTING CONDITIONS OF RELEASE Entered as to Kenton L. Shearer (JWM) (Entered: 01/28/2020)
01/28/2020 12 SEALED Supplemental Plea Agreement re 10 Plea Agreement. (JWM) (Entered: 01/28/2020)
01/28/2020 13 ORDER by Chief Judge Greg N. Stivers for initial appearance, arraignment, and plea of guilty to a felony information as to Kenton L. Shearer. Defendant executed a waiver of Indictment wherein he consents to enter his plea to the charges in an Information rather than an Indictment. Defendant entered a plea of Guilty as to Counts 1, 2, 3 of the Felony Information. Sentencing proceedings will be held 5/14/2020 at 10:00 am CDT. The peri

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