No. 18-1511

Ajay S. Ahuja v. United States

Lower Court: Second Circuit
Docketed: 2019-06-04
Status: Denied
Type: Paid
Response Waived
Tags: administrative-law article-iii-standing civil-penalties controlled-substances-act opioid-epidemic record-keeping-requirements rule-of-lenity standing statutory-construction statutory-interpretation
Key Terms:
JusticiabilityDoctri
Latest Conference: 2019-10-01
Question Presented (AI Summary)

Does 21 U.S.C. § 842(c)(1)(B)(i) permit cumulative fines for technical violations of 21 U.S.C. § 842(a)(5)?

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. Does 21 U.S.C. § 842(c)(1)(B)(i) of the Controlled Substances Act permit the United States to impose a fine for each and every technical violation of 21 U.S.C. § 842(a)(5), when the text of the statute itself : does not contain explicit language that allows for such successive or cumulative penalties? 2. Does the United States satisfy its burden to ; prove that it has Article III standing to impose civil sanctions against a physician for failing to maintain his dispensing records, as required by 21 U.S.C. . § 827(a)(1) of the Controlled Substances Act, when the United States can only prove that the such violations posed a risk of harm to the public, as : opposed to being able to prove that those violations caused a concrete and identifiable harm? :

Docket Entries

2019-10-07
Petition DENIED.
2019-07-10
DISTRIBUTED for Conference of 10/1/2019.
2019-06-28
Waiver of right of respondent United States to respond filed.
2019-01-22
Petition for a writ of certiorari filed. (Response due July 5, 2019)
2018-11-16
Application (18A520) granted by Justice Ginsburg extending the time to file until January 21, 2019.
2018-11-13
Application (18A520) to extend the time to file a petition for a writ of certiorari from November 27, 2018 to January 21, 2019, submitted to Justice Ginsburg.

Attorneys

Ajay Ahuja
Ajay Ahuja — Petitioner
Ajay Ahuja — Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent