Roger Dale Anderson v. United States
AdministrativeLaw
Whether the Sixth Circuit erred in holding that jury instructions were sufficient despite lack of reference to the CSA's 'authorization' requirement
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