Cadden's Sentence Upheld

By Walter F. Roche Jr.

A federal appeals court today upheld the 14.5 year sentence imposed on a former pharmacist who was convicted on charges of racketeering, conspiracy and mail fraud for his role in a deadly fungal meningitis outbreak.
Barry J. Cadden, who is now facing second degree murder charges in a related Michigan prosecution, had challenged enhancements imposed in his prior sentencing.
He also argued that his sentence was increased excessively compared to the one imposed on co-defendant Glenn Chin. In a separate action Chin's sentence was upheld by the U.S. Supreme Court
" Cadden was the president and part owner of the now defunct New England Compounding Center, the company blamed for the 2012 outbreak which ultimately took the ultimately took the lives of more than 100 patients across the country. Chin was a supervisory pharmacist.
Chief Judge David Barron, who wrote the 16-page opinion, stated that the two cases did not present an "apples to apples comparison."
He noted that during their sentencing sessions Chin expressed "true contrition", while Cadden declined to speak instead referring back to comments he made during a prior sentencing. In contrast Chin's comments showed contrition and "genuine reflection," the opinion states.
Cadden had cited the disparity in claiming his sentence was excessive.
Barron did concede that in a prior sentencing the gap between Chin and Cadden's sentence was 11 percent but increased to 28 per cent in the re-sentencing.
He concluded that the gap between Cadden and Chin's sentences was not impermissibly disparate.
An $82 million restitution order against both Chin and Cadden remains in place under the latest ruling.
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