United States v. Ortiz

── United States v. Ortiz ── Court: Court of Appeals for the Fifth Circuit Date: May 20, 2026 Category: Direct Criminal Case: 24-11032 Document: 123-1 Page: 1 Date Filed: 05/20/2026 United States Court of Appeals for the Fifth Circuit ____________ United States Court of Appeals Fifth Circuit FILED No. 24-11032 May 20, 2026 ____________ Lyle W. Cayce United States of America, Clerk Plaintiff—Appellee, versus Raynaldo Rivera Ortiz, Jr., Defendant—Appellant. ______________________________ Appeal from the United States District Court for the Northern District of Texas USDC No. 3:22-CR-378-1 ______________________________ Before Richman, Higginson, and Oldham, Circuit Judges. Per Curiam: * A jury found Raynaldo Rivera Ortiz, Jr. guilty of five counts of tampering with a consumer product in violation of 18 U.S.C. § 1365(a) and five counts of adulteration of a drug in violation of 21 U.S.C. §§ 331(k) and 333(b)(7). Dr. Ortiz challenges the sufficiency of the evidence to support the verdict, certain of the district court’s evidentiary rulings, and an allegedly improper comment by the Government during closing argument. We affirm. _____________________ * This opinion is not designated for publication. See 5th Cir. R. 47.5. Case: 24-11032 Document: 123-1 Page: 2 Date Filed: 05/20/2026 No. 24-11032 I Raynaldo Rivera Ortiz, Jr. (Dr. Ortiz) was as an anesthesiologist in Dallas, Texas. 1 He rendered his services through two of his own medical businesses, 2 which also employed several other providers. 3 Dr. Ortiz practiced at various facilities throughout the area, including Baylor Scott and White Surgicare North Dallas (Surgicare). 4 Surgicare is “an ambulatory surgical center,” meaning that patients come in for “low risk surgeries” and usually leave on the same day. 5 During the summer of 2022, Surgicare experienced several unusual complications. 6 Between May 2022 and August 2022, Surgicare transferred fourteen patients 7 to a hospital for a higher level of care. 8 Patients who were transferred had “hypertensive episodes (extreme high blood pressures) . . . [that Surgicare’s patients] had not experienced in the past.” 9 These hypertensive episodes “would cause cardiac issues,” 10 making transfer necessary. _____________________ 1 ROA.54. 2 See ROA.2157-58. 3 See ROA.2183, 2186-87. 4 See ROA.2168, 2190. 5 ROA.1497. 6 See ROA.1525 (Burks, Surgicare’s administrator, ROA.1497, testifying that she recalled “a string of unusual complications during surgeries” at Surgicare). 7 ROA.1526. 8 ROA.1525. 9 ROA.1525. 10 ROA.1527. 2 Case: 24-11032 Document: 123-1 Page: 3 Date Filed: 05/20/2026 No. 24-11032 Surgicare reviewed the fourteen transfer cases for potential causes of the patients’ complications 11 because the number of transfers was higher than normal, compared to the five total patients transferred in the