No. 21-1418

Medardo Queg Santos v. United States

Lower Court: Eleventh Circuit
Docketed: 2022-05-04
Status: GVR
Type: Paid
Response RequestedRelisted (2)
Tags: controlled-substances expert-testimony good-faith good-faith-defense medical-practice medical-purpose relevant-conduct sentencing sentencing-guidelines
Key Terms:
SocialSecurity Securities Immigration
Latest Conference: 2022-10-14 (distributed 2 times)
Question Presented (AI Summary)

Whether a physician's good faith is a complete defense to a prosecution for prescribing controlled substances without a legitimate medical purpose or outside the usual course of professional practice,

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. Ifa physician’s good faith is a complete defense to a prosecution for prescribing controlled substances without a legitimate medical purpose or outside the usual course of professional practice 21 U.S.C. § 841(a)(1), as this Court may hold in Ruan v. United States, No. 20-1410 (oral argument convened Mar. 3, 2022), may an expert provide incorrect legal opinion testimony that the test is purely objective? 2. At sentencing, may district courts find relevant conduct that has a wag-the-dog effect on the guidelines calculation by using a mere standard (as four circuits have held), or must they instead apply a standard (as one circuit has held)?

Docket Entries

2022-11-18
Judgment issued.
2022-10-17
Petition GRANTED. Judgment VACATED and case REMANDED for further consideration in light of <i>Xiulu Ruan</i> v. <i>United States</i>, 597 U. S. ___ (2022).
2022-09-28
DISTRIBUTED for Conference of 10/14/2022.
2022-09-27
Reply of petitioner Medardo Queg Santos filed. (Distributed)
2022-09-14
Brief of respondent United States in opposition filed.
2022-08-01
Motion to extend the time to file a response is granted and the time is extended to and including September 14, 2022.
2022-07-28
Motion to extend the time to file a response from August 15, 2022 to September 14, 2022, submitted to The Clerk.
2022-07-14
Response Requested. (Due August 15, 2022)
2022-06-22
DISTRIBUTED for Conference of 9/28/2022.
2022-06-03
Memorandum of respondent United States filed.
2022-04-20
Application (21A504) denied by Justice Thomas.
2022-04-20
Petition for a writ of certiorari filed. (Response due June 3, 2022)
2022-04-08
Application (21A504) to extend further the time from April 20, 2022 to May 20, 2022, submitted to Justice Thomas.
2022-03-15
Application (21A504) granted by Justice Thomas extending the time to file until April 20, 2022.
2022-03-09
Application (21A504) to extend the time to file a petition for a writ of certiorari from March 21, 2022 to May 20, 2022, submitted to Justice Thomas.

Attorneys

Medardo Queg Santos
Thomas Arnold Antoine Beller BurnsBurns, P.A., Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent