Nabeel Kahn, convicted along with his brother for their roles in a multi-state prescription drug conspiracy, wants either his conviction dismissed or a new trial, according to a motion he filed this week.

On May 24, Shakeel Kahn was convicted of 21 counts including conspiracy to distribute oxycodone and other drugs resulting in death, possessing a firearm during a federal drug-trafficking crime, operating a continuing criminal enterprise, and other crimes. Depending on the sentencing guidelines, he could face at least 25 or 45 years to life imprisonment.

Nabeel Kahn was convicted of the conspiracy count but not with the "resulting in death" enhancement and carrying a firearm during a federal drug-trafficking crime. He could face at least five years imprisonment.

Both are scheduled for sentencing in Cheyenne on Aug. 1.

However, Nabeel Kahn [sometimes spelled Khan] through his attorneys Sean Barrett and Stephanie Bowen filed a motion Monday asking the court to dismiss the conviction or order a new trial. The trial was mostly about Shakeel Kahn and whether he wrote prescriptions outside the course of normal medical practice, according to the motion.

Nabeel Kahn had nothing to do with his brother's practice of medicine, and some days the prosecution offered no testimony at all about Nabeel Kahn, who was hired by his brother to manage the doctor's office in Fort Mohave, Ariz.

Nabeel Kahn greeted patients, took them to the preliminary exam room and took their vital signs, received payment for the office visit, and took the patients to the main exam room to be examined by Shakeel Kahn, according to the motion.

In August 2015, Shakeel Kahn opened his office in Casper, would travel to Arizona to see some patients, and give signed prescriptions to Nabeel Kahn who gave them to the patients and received payment for them.

Investigators executing a search warrant of Shakeel Kahn's residences in Arizona recovered 49 firearms. Shakeel and Nabeel Kahn carried firearms for protection, according to the motion. But Nabeel Kahn never pointed a weapon at any patients in a threatening manner, nor did any patients feel threatened, according to the motion.

Before the trial, Nabeel Kahn wanted to separate his trial from his brother's, the judge denied the request and that prejudiced the jury, according to the motion.

"By forcing Nabeel Kahn to be tried at the same time with Dr. Shakeel Kahn the jury was unable to separate the evidence with regards to each individual defendant and this [sic] was not able to make a reliable judgment about guilt or innocence as to Nabeel Khan."

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