Ajay S. Ahuja v. United States
JusticiabilityDoctri
Does 21 U.S.C. § 842(c)(1)(B)(i) permit cumulative fines for technical violations of 21 U.S.C. § 842(a)(5)?
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? :