According to Courthouse News Service [courthousenews.com] and many other sources, the government has folded its tent in the Prosecution of FedEX as a Co-Conspirator of illegal prescription drug delivery.
They really didn't have much choice once the Judge weighed in:
Addressing the court briefly, Breyer said, "I'm quite familiar with this industry. I'm deeply concerned by tragic consequences caused by sales of toxic substances to individuals, including children, who have not had a direct consultation with a licensed physician"
But this case was "entirely different," Breyer said. "The court has been asked to determine if defendant should be held criminally liable as a co-conspirator. As a result of detailed opening statements by the government and defense and accepting factual assertions as uncontested, the court concludes the defendants are factually innocent. They did not have criminal intent."
The prosecution was always a novel approach. The feds knew exactly who was shipping the drugs and exactly where they were being shipped from, yet chose to go after a common carrier that was simply handling packages, and who was neither equipped or legally allowed to decide which clients could get which drugs.