Question Presented (AI Summary)
where-government-prosecutes-medical-practitioner-controlled-substances-act
Question Presented (from Petition)
QUESTIONS PRESENTED 1. Where the government prosecutes a medical practitioner under the Controlled Substances Act for issuing a prescription outside “the usual course of professional practice,” is the government required to prove that the doctor knew or intended that the prescription be outside the scope of professional practice? 2. Does a “good faith” defense in the context of a licensed medical practitioner prosecuted under the Controlled Substances Act protect doctors who have an honest but mistaken belief that they have issued the charged prescription in “the usual course of professional practice;” and, if so, must that belief be objectively reasonable? 3. Should the “usual course of professional practice” and “legitimate medical purposes” prongs of C.F.R § 1306.04(a) be read in the conjunctive or the disjunctive?
2022-02-16
The record from the U.S.D.C. District of Wyoming is electronic and located on Pacer. The restricted record containing Sealed, Non-Public, and Ex-Parte pleadings has been electronically filed.
2021-12-21
The record from the U.S.C.A. 10th Circuit is electronic and located on Pacer.
2021-12-21
Record requested from the U.S.C.A. 10th Circuit.
2021-11-05
Motion to proceed in forma pauperis and petition for a writ of certiorari GRANTED. The petition for a writ of certiorari in No. 20-1410 is granted. The cases are consolidated, and a total of one hour is allotted for oral argument.
2021-11-01
DISTRIBUTED for Conference of 11/5/2021.
2021-10-14
DISTRIBUTED for Conference of 10/29/2021.
2021-10-12
Reply of petitioner Shakeel Kahn filed. (Distributed)
2021-09-29
Brief of respondent United States in opposition filed.
2021-08-25
Motion to extend the time to file a response is granted and the time is extended to and including September 29, 2021.
2021-08-24
Motion to extend the time to file a response from August 30, 2021 to September 29, 2021, submitted to The Clerk.
2021-07-26
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 30, 2021)