By Associated Press - Friday, January 24, 2020

WILMINGTON, Del. (AP) - A former Delaware nurse with a history of misconduct is facing sentencing by a federal judge after pleading guilty to possession with intent to distribute oxycodone, a powerful and addictive prescription painkiller.

Kelly A. Mullins, 59, faces a maximum sentence of 20 years at Friday’s sentencing, but prosecutors are asking for three years behind bars.

Mullins’ attorney is arguing for home confinement, saying she has had a difficult life and that the criminal history score presented to the court for sentencing purposes overstates the seriousness and severity of her prior conduct.

According to her plea agreement, Mullins used her position as a nurse to unlawfully take prescription pads from her employer from September 2012 to February 2013. She then used them to fraudulently obtain some 37,000 oxycodone pills, distributing most of them to other people but also keeping some for herself.

Mullins pleaded guilty to the federal charge last January. While awaiting sentencing, she was arrested in November and charged with possession of marijuana, heroin, and drug paraphernalia. An arraignment on those charges is scheduled for Monday in state court.

State disciplinary records indicate that Mullins had her nursing license suspended in 1985 for prescription fraud. She also was convicted in 2005 of shoplifting and forgery. Records indicate that the forgery conviction involved fraudulently filling prescriptions for herself and another person.

State records also indicate that Mullins was arrested in April 2013 and charged with felony theft of a prescription pad and seven counts of felony forgery.

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