Andrew Allison Dekle, M.D., appeals his conviction and sentence for one count of conspiracy to distribute controlled substances in violation of 21 U.S.C. § 846 and 129 counts of distributing controlled substances in contravention of 21 U.S.C. § 841 arising from writing medically unwarranted prescriptions for Schedule III and IV drugs to a number of women in exchange for sexual favors. *fn1 Dekle raises a battery of challenges to his convictions and sentence. Specifically, Dekle argues: (1) that there was insufficient evidence to convict him on all counts charged in the indictment; (2) that certain items (medical records, drugs, and sexually explicit photographs of several women) were seized from his office in violation of the Fourth Amendment to the Constitution and therefore should have been suppressed; (3) that the district court abused its discretion in admitting these sexually explicit photographs in evidence thereby prejudicing him; (4) that the government's reference to his prior indictment further prejudiced him; and (5) that the district court miscalculated his base offense level for sentencing purposes.
