No. 23-238

Roger Dale Anderson v. United States

Lower Court: Sixth Circuit
Docketed: 2023-09-12
Status: Denied
Type: Paid
Experienced Counsel
Tags: comport with the Supreme Court's holding in Ruan which did not explicitly reference the Controlled controlled-substances-act criminal-law criminal-procedure due-process jury-instructions medical-practice medical-professional-liability mens-rea statutory-interpretation
Key Terms:
AdministrativeLaw
Latest Conference: 2024-01-05
Question Presented (AI Summary)

Whether the Sixth Circuit erred in holding that jury instructions were sufficient despite lack of reference to the CSA's 'authorization' requirement

Question Presented (OCR Extract)

QUESTION PRESENTED In Ruan v. United States, 142 8. Ct. 2370 (2022), this Court held that a physician may be convicted under 21 U.S.C. § 841(a)(1), of the Controlled Substances Act (“CSA”), only if the government proves that the physician “knew or intended that his or her conduct was unauthorized.” Id. at 2382. Following remand, United States v. Xiulu Ruan, 56 F.4th 1291, 1300-02 (11th Cir. 2023) was decided before Petitioner’s appeal, where the Sixth Circuit held that the jury instructions were sufficient despite lack of reference to the CSA’s “authorization” requirement. See, Petitioner’s

Docket Entries

2024-01-08
Petition DENIED.
2023-12-20
DISTRIBUTED for Conference of 1/5/2024.
2023-12-20
2023-12-06
Brief of respondent United States in opposition filed.
2023-11-08
Motion to extend the time to file a response is granted and the time is further extended to and including December 6, 2023.
2023-11-06
Motion to extend the time to file a response from November 13, 2023 to December 6, 2023, submitted to The Clerk.
2023-10-05
Motion to extend the time to file a response is granted and the time is extended to and including November 13, 2023.
2023-10-04
Motion to extend the time to file a response from October 12, 2023 to November 13, 2023, submitted to The Clerk.
2023-09-05
Petition for a writ of certiorari filed. (Response due October 12, 2023)

Attorneys

Roger Dale Anderson
Ronald William Chapman IIChapman Law Group, Petitioner
Ronald William Chapman IIChapman Law Group, Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent