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# Appeals Court Affirms Medical Device Sentence
- URL: https://www.fdaweb.com/appeals-court-affirms-medical-device-sentence/
- Published: 2019-01-10T12:00:00.000Z
- Updated: 2026-09-15T00:53:51.000Z
- Author: David McFarland
- Tags: Devices, #legacy-id-D5143125

The 11th Circuit Court of Appeals has affirmed the sentence approved by a Florida federal court jury for a former Ethicon employee accused of stealing and reselling prescription medical devices on the grey market. The jury had sentenced **Kerri Kaley**, who formerly supervised sales representatives for Ethicon, to 36 months in jail and ordered her to pay restitution of $821,420.

The appeals court [opinion](http://media.ca11.uscourts.gov/opinions/unpub/files/201617543.pdf?ref=fdaweb.com) says Kaley claimed **(1)** the government violated her due process rights by arguing a theory of prosecution that differed from the theory it presented in a separate trial against an alleged co-conspirator; **(2)** there was insufficient evidence to support a conviction for witness tampering in her initial trial; **(3)** the district court erred in Kaley’s second trial when it limited cross-examination of a government witness and allowed the government to use a demonstrative chart in closing arguments; and **(4)** the district court erred in calculating the restitution amount,

The appeals court affirmed the conviction and sentencing in all respects, rejecting all of Kaley’s arguments.