No. 22-5346

Sylvia Hofstetter v. United States

Lower Court: Sixth Circuit
Docketed: 2022-08-15
Status: GVR
Type: IFP
IFP
Tags: 21-usc-841 circuit-split drug-offense global-tech healthcare-provider jury-instruction ruan-v-united-states scienter-standard standard-of-review willful-blindness
Key Terms:
SocialSecurity Securities Immigration
Latest Conference: 2022-10-14
Related Cases: 22-5075 (Vide) 22-5076 (Vide) 22-5077 (Vide)
Question Presented (AI Summary)

Whether the District Court erred by instructing the jury

Question Presented (OCR Extract)

QUESTION PRESENTED The questions presented in this case are: 1. Whether the District Court erred by instructing the instruction based upon the facts in this case when it denied defendant’s jury instruction request to charge the elements of willful-blindness instruction under Global-Tech compliance Inc. v. SAE .131 S.CT. 2060 (2011), and the Sixth Circuit Court of Appeals erroneously reviewed the jury charge under the standard of review : of abuse of discretion as rather than de novo. 2. Whether this Court’s ruling in Ruan v. United States, 142 S. Ct. 2370 (2022), interpreting 21 U.S.C. § 841, also applies to prosecutions in which a practice manager is charged where authorized healthcare providers in the course of their employment at a licensed pain management clinic, were relied upon to prescribe controlled substances as authorized by the DEA and all practitioners who went to trial jointly with Petitioner Hofstetter were acquitted of all substantive counts. Pursuant to Ruan is the United States required to prove “that a defendant knew or intended that his or her conduct was unauthorized”, Id., at 15, or under the facts of this case that an employee provider’s conduct was unauthorized, evaluated under a subjective standard. : 3. The Third question presented is whether the Court’s recent ruling in Ruan applies to offenses charged under 21 USC §846 and §856. i

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.
2022-08-10
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 14, 2022)
2022-07-25
Application (22A59) granted by Justice Kavanaugh extending the time to file until August 11, 2022.
2022-07-08
Application (22A59) to extend the time to file a petition for a writ of certiorari from July 10, 2022 to August 11, 2022, submitted to Justice Kavanaugh.

Attorneys

Sylvia Hofstetter
Loretta G. CravensCravens Legal, Petitioner
Loretta G. CravensCravens Legal, Petitioner
United States of America
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent