AdministrativeLaw DueProcess Securities Privacy
Mens rea-requirement-for-misbranding
QUESTIONS PRESENTED | 1. Where the government prosecutes a licensed pharmacist under “Misbranding”, 18 usc§ 371, 21 USC§§ ' 331(a) and 333(a)(2), for dispensing “invalid” prescription issued by licensed medical practitioners, is the government required to prove that the pharmacist knew the prescription written by licensed medical | practitioners to be “invalid” and “outside the scope of the medical practitioners scope of professional practice? See 20-1410 RUAN, XIULU V. UNITED STATES, CERTIORARI GRANTED 2. Does a “good faith” defense in the context of a licensed pharmacist prosecuted under “Misbranding”, | 18 usc§ 371, 21 USC§§ 331(a) and 333(a)(2), protect pharmacists who have an honest but mistaken belief that they have dispensed the charged prescription in “the usual course of medical practitioners’ | professional practice;” and, if so, must that belief be objectively reasonable? See 20-1410 RUAN, XIULU V. UNITED STATES, CERTIORARI GRANTED 3. Was the Plaintiff’s constitutional right denied due to prosecutors’ suppression of exculpatory video recordings evidence in the government's possession, in violation of Brady v. Maryland? @ ) ,