No. 21-6736

Steven R. Henson v. United States

Lower Court: Tenth Circuit
Docketed: 2021-12-28
Status: GVR
Type: IFP
Relisted (2)IFP Experienced Counsel
Tags: actual-knowledge appellate-review criminal-intent criminal-procedure deliberate-ignorance harmless-error jury-instructions medical-practitioner prescription-liability statutory-interpretation sufficiency-of-evidence willful-blindness
Key Terms:
DueProcess Privacy
Latest Conference: 2022-06-29 (distributed 2 times)
Question Presented (AI Summary)

Whether the erroneous issuance of a deliberate ignorance or willful blindness instruction is harmless as a matter of law and beyond appellate review where minimally sufficient evidence of the defendant's 'actual knowledge' was presented at trial

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. Whether the erroneous issuance of a deliberate ignorance or willful blindness instruction is harmless as a matter of law and beyond appellate review where minimally sufficient evidence of the defendant’s “actual knowledge” was presented at trial. 2. Whether a medical practitioner charged under § 841 can be found guilty for issuing a prescription that is either outside the usual scope of professional practice or does not serve a legitimate medical purpose; or whether the government must prove that a practitioner acted both outside the usual course of professional practice and without a legitimate medical purpose in order to obtain a conviction.

Docket Entries

2022-08-01
JUDGMENT ISSUED
2022-06-30
Motion to proceed in forma pauperis and petition for a writ of certiorari 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).
2022-06-29
DISTRIBUTED for Conference of 6/29/2022.
2022-03-17
DISTRIBUTED for Conference of 4/1/2022.
2022-02-28
Memorandum of respondent United States filed.
2022-01-24
Motion to extend the time to file a response is granted and the time is extended to and including February 28, 2022.
2022-01-21
Motion to extend the time to file a response from January 27, 2022 to February 28, 2022, submitted to The Clerk.
2021-12-20
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 27, 2022)
2021-10-22
Application (21A105) granted by Justice Gorsuch extending the time to file until December 19, 2021.
2021-10-20
Application (21A105) to extend the time to file a petition for a writ of certiorari from November 17, 2021 to January 16, 2022, submitted to Justice Gorsuch.

Attorneys

Steven Henson
Beau B. BrindleyThe Law Offices of Beau B. Brindley, Petitioner
Beau B. BrindleyThe Law Offices of Beau B. Brindley, Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent