No. 19-1163

Bernard Rottschaefer v. United States

Lower Court: Third Circuit
Docketed: 2020-03-23
Status: Denied
Type: Paid
Response Waived
Tags: appeals collateral-estoppel court-of-appeals criminal-procedure criminal-prosecution double-jeopardy drug-distribution due-process judicial-deference judicial-review jurisdiction medical-professional precedent standard-of-review substantial-question
Key Terms:
HabeasCorpus
Latest Conference: 2020-04-17
Question Presented (AI Summary)

May the District Court overrule the previous unanimous Court of Appeals decision in the same case?

Question Presented (from Petition)

QUESTIONS PRESENTED On March 8rd, 2006, the Court of Appeals for the 8rd District ruled that sex-for-drugs played no part in Dr. Rottschaefer’s convictions and that Dr. Rottschaefer was convicted of “unlawfully distributing controlled substances outside the course of pro, fessional practice.” Subsequently, in November 2009, _ the US District Court for the Western District of Penn‘ sylvania ruled that “The fact that the petitioner was exchanging sex-for-drugs was central to the govern; ment’s case against him...In short the jury believed : . that petitioner traded controlled substances for sexual favors from these patients. Whether these patients may arguably have a medical use for the controlled . substances is, therefore, not depositive.” On January 3, 2020 the Court of Appeals denied Dr. Rottschaefer’s appeal, by citing that he “failed to present a substantial ; : question.” : . : The questions presented are as follows: — , 1. May the District Court overrule the previous ’-unanimous Court of Appeals decision in the same case? ; . 2. Does such a reversal constitute a “substantial . a question”? . . a ; : 3. What crime, if any, has Dr. Rottschaefer comsons od mitted? ; , ii '

Docket Entries

2020-04-20
Petition DENIED.
2020-04-01
DISTRIBUTED for Conference of 4/17/2020.
2020-03-26
Waiver of right of respondent United States to respond filed.
2020-03-18
Petition for a writ of certiorari filed. (Response due April 22, 2020)

Attorneys

Bernard Rottschaefer
Bernard L. Rottschaefer — Petitioner
Bernard L. Rottschaefer — Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent