No. 22-5076

Holli Womack v. United States

Lower Court: Sixth Circuit
Docketed: 2022-07-12
Status: GVR
Type: IFP
IFP Experienced Counsel
Tags: constitutional-vagueness controlled-substance controlled-substances criminal-law criminal-liability due-process health-care health-care-professional professional-liability ruan-v-united-states statutory-interpretation vagueness
Key Terms:
AdministrativeLaw DueProcess FifthAmendment
Latest Conference: 2022-10-14
Related Cases: 22-5075 (Vide) 22-5077 (Vide) 22-5346 (Vide)
Question Presented (AI Summary)

Should Petition Womack's conviction be vacated?

Question Presented (OCR Extract)

QUESTIONS PRESENTED Because this Court’s recent pronouncement in Ruan v. United States, 20-1410 applies to 21 U.S.C. § 856(a)(1) prosecutions involving health care professionals, and the jury was instructed on an “objective good faith” basis of liability, should Petition Womack’s conviction be vacated? 21 U.S.C. § 856(a)(1) makes it a crime to knowingly “use” a “place” “for the purpose of’ distributing a controlled substance. Is this plain language unconstitutionally vague, as pharmacists and other health care professionals violate this language in their usual practice without committing an “illegal” act? ii RELATED CASES Pursuant to Supreme Court Rule 14.1(b) (ii), Petitioner submits the following cases which are directly related to this Petition: United States v. Cynthia Clemons Sixth Circuit Case No. 20-6427 (decided 4.11.22) United States v. Courtney Newman Sixth Circuit Case No. 20-6428 (decided 4.11.22) ili

Docket Entries

2022-11-18
Judgment issued.
2022-10-17
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).
2022-09-29
DISTRIBUTED for Conference of 10/14/2022.
2022-08-04
Motion to extend the time to file a response is granted and the time is extended to and including September 12, 2022.
2022-08-03
Motion to extend the time to file a response from August 11, 2022 to September 12, 2022, submitted to The Clerk.
2022-07-08
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 11, 2022)

Attorneys

Holli Womack
Kevin Michael SchadOffice of the Federal Public Defender, Petitioner
Kevin Michael SchadOffice of the Federal Public Defender, Petitioner
United States of America
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent