Judge Won't Alter Delaware Pharmacist's Pain Pills Sentence

By Randall Chase
|  Friday, May 24, 2013  |  Updated 2:12 PM EDT
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Judge Won't Alter Delaware Pharmacist's Pain Pills Sentence

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A federal judge in Delaware has refused to alter the 20-year prison sentence he gave a former pharmacist who illegally distributed 45,000 Oxycodone pain pills.

Attorneys for Bruce Costa Jr. challenged the prison sentence he received in December, saying the four offenses on which he was convicted should have been merged for purposes of sentencing.

Prosecutors argued last year that the offenses could be considered consecutively, thereby increasing the amount of prison time the former Claymont, Del. phamacist faced under federal sentencing guidelines.

Judge Leonard Stark on Friday refused to alter Costa's prison sentence.

Judge Stark said the time to do so under federal court rules had passed, assuming a change was even warranted.

Stark also noted that he longer has jurisdiction over the case because Costa already has appealed his conviction and sentence.

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