No. 19-7797

Lonnie W. Hubbard v. United States

Lower Court: Sixth Circuit
Docketed: 2020-02-27
Status: Denied
Type: IFP
Response WaivedIFP
Tags: burden-of-proof controlled-substances criminal-law criminal-procedure criminal-statute due-process medical-necessity medical-practice medical-purpose prescription-dispensing prescription-drugs professional-practice statutory-interpretation
Key Terms:
Environmental SocialSecurity Securities Immigration
Latest Conference: 2020-03-27
Question Presented (AI Summary)

Whether the Court of Appeals erred by holding a jury could rationally conclude that defendant pharmacist abdicated his duty under §§ 1306.04(a) & 841(a)(1), despite pharmacist's argument that there were 'legitimate medical purposes' for the controlled substance prescriptions he filled because trial witnesses testified that they had real injuries and medical needs requiring medication before pharmacist filled their prescriptions

Question Presented (OCR Extract)

QUESTION(S) PRESENTED STATEMENT BEFORE QUESTION After defendant pharmacist Lonnie W. Hubbard was charged in an indictment by the U.S. Attorney's Office for allegedly illegally dispensing controlled substance prescriptions in violation of 21 C.F.R. § 1306.04(a) & 21 U.S.C. § Bal(a)(1), defendant pharmacist pled 'not guilty' because he was sure he obtained legitimate medical purposes before every controlled substance prescription was filled. After he lost at trial, he asked the Court of Appeals for the Sixth Circuit, whether there was sufficient evidence to. convict him to the Counts in the indictment because the essential element of § 1306.04(a) ‘without a legitimate medical purpose' was not satisfied . by the government's burden of proof. The Court of Appeals ruled defendant pharmacist's argument frivolous and held "knowingly distributing prescriptions outside the course of professional practice is a sufficient condition to convict a defendant under the criminal statutes" and affirmed the District Court's decision. QUESTION . : WHETHER THE COURT OF APPEALS ERRED BY HOLDING A JURY COULD RATIONALLY . CONCLUDE THAT DEFENDANT PHARMACIST ABDICATED HIS DUTY UNDER §§ 1306.04(a) & 841(a)(1), DESPITE PHARMACIST'S ARGUMENT THAT THERE WERE 'LEGITIMATE MEDICAL PURPOSES' FOR THE CONTROLLED SUBSTANCE PRESCRIPTIONS HE FILLED BECAUSE TRIAL WITNESSES TESTIFIED THAT THEY HAD REAL INJURIES AND MEDICAL ’ NEEDS REQUIRING MEDICATION BEFORE PHARMACIST FILLED THEIR PRESCRIPTIONS.

Docket Entries

2020-03-30
Petition DENIED.
2020-03-12
DISTRIBUTED for Conference of 3/27/2020.
2020-03-09
Waiver of right of respondent United States to respond filed.
2020-01-16
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 30, 2020)

Attorneys

Lonnie W. Hubbard
Lonnie W. Hubbard — Petitioner
Lonnie W. Hubbard — Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent