Prosecutors presented more than enough evidence for a jury in May to convict Nabeel Kahn -- brother of convicted Casper Dr. Shakeel Kahn -- of drug conspiracy and firearms crimes, and so the federal court should deny his motion for acquittal or a new trial, an Assistant U.S. Attorney wrote Monday.

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 possessing a firearm during a federal drug-trafficking crime. He could face at least five years imprisonment.

Both are scheduled for sentencing in federal court Cheyenne on Aug. 12, a change from the previously scheduled sentencing date.

But two weeks ago, Nabeel Kahn through his attorneys Sean Barrett and Stephanie Bowen filed a motion asking the court to dismiss the conviction or order a new trial because the evidence was mostly about the doctor.

They wrote Nabeel had nothing to do with his brother's practice of medicine, and some days the prosecution offered no testimony about him. He simply was hired by his brother to manage the doctor's office in Fort Mohave, Ariz.

That's not the point, federal prosecutor Stephanie Hambrick wrote.

Shakeel Kahn led the conspiracy, but his brother played a significant role, she wrote.

Every Arizona customer testified about the conspiracy talked about Nabeel, and Shakeel's wife and co-defendant Lyn Kahn testified about the brothers' day-to-day running of the conspiracy in Arizona and after Shakeel Kahn opened the office in Casper in 2015.

Witnesses testified they discussed prescription prices with Nabeel, and one witness testified he said to come to the Arizona office twice a month to get the twice the amount of drugs, Hambrick wrote.

Once, a customer from central Wyoming complained about the price she was paying, to which Shakeel responded, "'you're lucky my brother doesn't work here (the Wyoming office) 'cause if he heard that, he'd, he'd jack your rate through the roof 'cause that's what he used to do,'" Hambrick wrote, citing the court record.

Nabeel also was responsible for crafting the statement signed by patients that Shakeel Kahn was not a drug dealer, Hambrick wrote.

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

He repeated that request in his motion filed two weeks ago, and Hambrick said the court should deny that request again.

She wrote the jury was properly instructed to consider the evidence against each defendant on each count, and Nabeel Kahn did not allege any error in the jury instructions or conduct of the trial.

"Based on the foregoing, the United States requests this court deny the Defendant's motion for a new trial," Hambrick wrote.