No. 21-5266

Alla V. Stepanets v. United States

Lower Court: First Circuit
Docketed: 2021-07-30
Status: Denied
Type: IFP
Response WaivedIFP
Tags: causation-chain chain-of-causation criminal-misdemeanor drug-dispensing drug-distribution federal-drug-laws medical-facility proximate-cause statutory-interpretation strict-liability
Key Terms:
DueProcess FifthAmendment Punishment JusticiabilityDoctri
Latest Conference: 2021-09-27
Question Presented (AI Summary)

Whether a defendant 'dispenses' drugs pursuant to 21 U.S.C. § 353(b)(1)(B) when they are shipped to a medical facility where a physician will write a prescription for a patient, rather than sent to a specific patient?

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1) Whether a defendant “dispenses” drugs pursuant to 21 U.S.C. § 353(b)(1)(B) when they are shipped to a medical facility where a physician will write a prescription for a patient, rather than sent to a specific patient? 2) Whether a defendant who was not a supervisory employee and did not have “a responsible share in the furtherance of the transaction which the statute outlaws,” United States v. Park, 421 U.S. 658, 669 (1975) can nonetheless be convicted of strict liability misdemeanors based on being part of the but-for chain of causation without being a proximate cause? i

Docket Entries

2021-10-04
Petition DENIED.
2021-08-19
DISTRIBUTED for Conference of 9/27/2021.
2021-08-13
Waiver of right of respondent United States to respond filed.
2021-07-26
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 30, 2021)

Attorneys

Alla V. Stepanets
John Henry Cunha Jr.Cunha & Holcomb, Petitioner
United States
Brian H. FletcherActing Solicitor General, Respondent