Second Circuit - Distribution of a controlled substance: United States v. Parasmo

Daily Record Staff//June 2, 2026//

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United States Court of Appeals for the Second Circuit

Distribution of a controlled substance — Opioid prescriptions

21-6555

Judges Kearse, Sullivan, and Robinson

Background: The defendant found guilty of 32 counts of unlawfully distributing a controlled substance. He argues on appeal that the jury was incorrectly instructed to apply an objective, rather than a subjective, standard of intent. He also objected to the admission of expert testimony regarding New York state medical standards for prescription of opioids.

Ruling: The Second Circuit affirmed. The court held that, while the court issued a defective charge, which was consistent with precedent at the time, the error was harmless because it is clear beyond a reasonable doubt that a rational jury would have found the defendant guilty absent the error. Regarding the expert testimony, the court held that it assisted the jury without usurping its role.

Matthew W. Brissenden for the defendant-appellant; Michael R. Maffei, assistant United States attorneys, for the appellee.

Oral argument audio