UNITED STATES V. CUNNINGHAM
103 F.3d 553 (7th Cir. 1996)
NATURE OF THE CASE: This was an appeal from a conviction of tampering with a consumer
product.
FACTS: Cunningham (D) was a registered nurse with a hospital when staff discovered that
syringes containing Demerol had been replaced with saline. D was one of five nurses who had
access to the syringes and all five were interviewed by the police. D acknowledged prior
Demerol addiction and offered to take a test. The test proved positive for recent Demerol
usage. D was tried and argued that merely withholding paid medication does not place anyone
in danger of bodily injury and that the failure to relieve pain was not the same as causing
pain. The judge admitted evidence of D's prior bad acts as D had plead guilty to stealing
Demerol from a prior hospital where she was employed as it related to her suspension of her
nursing license, the falsification of test results, and the addition that had led to earlier
thefts but not the actual conviction itself. D appealed her conviction.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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