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U.S. Supreme Court won’t hear petition from former Brigham City doctor

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(Steve Griffin | The Salt Lake Tribune) Dewey C. MacKay enters the Frank E. Moss U.S. Courthouse in Salt Lake City.

By Brooke Adams

The Salt Lake Tribune

First published Feb 25 2014 01:01AM
Updated Feb 25, 2014 01:01AM

A Brigham City physician convicted of illegally distributing pain pills on Monday lost his bid to have his case heard by the U.S. Supreme Court.

Dewey MacKay’s petition was among more than 400 writs for certiorari denied by the court.

MacKay, 66, was sentenced to 20 years in prison, the mandatory minimum sentence, after being convicted in August 2011 on 40 counts related to illegally distributing controlled narcotics to patients — including one who subsequently died of a drug overdose. He was acquitted of 44 other distribution counts.

MacKay began serving his sentence at a low-security federal prison in California in May 2012.

In April 2013, the 10th Circuit Court of Appeals in Denver upheld MacKay’s conviction, but sent the case back to U.S. District Court Judge Dee Benson to clarify the sentence. MacKay filed his petition with the U.S. Supreme Court in August.

MacKay’s appeal to the 10th Circuit Court challenged evidence used to hold him responsible for the death of David L. Wirick, certain jury instructions, use of one exhibit in his trial and one expert’s testimony. MacKay also appealed the sentence handed down by Benson because it did not specify individual sentences for each offense.

MacKay was indicted in August 2010 for illegally prescribing more than 1.9 million hydrocodone pills and nearly 1.6 million oxycodone pills between June 1, 2005, and Oct. 30, 2009.

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