In a novel legal move, Dr. Salvador Plasencia, 44, is appealing his 30-month prison sentence for ketamine distribution connected to Matthew Perry’s death, arguing that he should be treated as a drug dealer rather than a physician who abused patient trust, according to court filings obtained by Daily Mail. Plasencia contends that Perry, 54, sought him out solely as a ketamine supplier, not for legitimate medical care. The appeal, filed with the United States Court of Appeals for the Ninth Circuit, challenges whether sentencing enhancements for physicians apply when the defendant denies a fiduciary relationship.

Plasencia’s $55,000 defense: a dealer in a doctor’s coat

Central to Plasencia’s appeal is the $55,000 he earned from supplying ketamine to Perry. His attorneys argue that because Perry viewed him as “a drug dealer who happened to have an ‘M.D.’ after his name,” the court should not have applied the sentencing enhancement for abuse of professional trust.. According to the appellate brief obtained by Daily Mail, Plasencia’s team claims there was “no fiduciary relationship in existence” and that he did not rely on medical training when selling the drug. U.S. District Judge Sherilyn Peace Garnett had previously rejected this framing,telling Plasencia at sentencing, “You took a Hippocratic oath to do no harm,but you did harm .”

Co-defendant disparities: 8 months of home confinement vs. 30 months in prison

Plasencia also argues that his sentence is disproportionate compared to co-defendants Dr.. Mark Chavez and Erik Fleming. Chavez received eight months of home confinement and three years of supervised release , while Fleming was sentenced to two years in prison plus three years of supervised release. The appeal highlights the wide gap in punishment, questioning whether a physician’s professional status should result in a harsher penalty when the defendant claims the victim did not regard him as a doctor. The source reports that U.S. prosecutors and the court have maintained that Plasencia’s position of trust as a physician justified the longer term.

Perry’s parents: ‘greedy jackals’ and a doctor’s betrayal

In a searing victim impact statement submitted ahead of sentencing, Perry’s mother Suzanne Morrison and stepfather Keith Morrison condemned Plasencia as “among the most culpable of all,” according to the court documents cited by Daily Mail. They wrote, “How do you measure grief? … And then those greedy jackals come out of the dark, and all the effort is for nought; it all crashes down.” The statement emphasized that a doctor who “trades on respect, and trust” exploited Perry’s well-known addiction struggles. The emotional testimony underscores the human cost of the case, as the Perry family continues to grapple with the loss.

The Ninth Circuit question: when is a doctor not a doctor?

The appeal hinges on whether the sentencing enhancements for physicians who betray patient trust should apply when the defendant claims the victim viewed him merely as a dealer. This raises broader questions about the boundaries of medical ethics and the prosecution of drug distribution through professional channels. What remains unknown is how the Ninth Circuit will interpret the concept of fiduciary duty in a context where the patient allegedly sought purely illicit access.. The case could set a precedent for how courts classify doctors who operate outside legitimate practice, especially in high-profile addiction-related deaths.