Did the Sixth Circuit commit error by substituting the generic term 'illegally' for the language mandated in Ruan?

QUESTIONS PRESENTED On October 17, 2022, this Court vacated Petitioner Newman’s conviction in light of Ruan v. United States, 142 S. Ct. 2370, 213 L. Ed. 2d 706 (2022) and remanded for further proceedings. On remand, the Sixth Circuit agreed with the parties that Ruan applies to 21 U.S.C. § 856(a)(1) prosecutions, and also agreed that the jury instructions given were in error in light of Ruan. After determining that the District Court did not “spell out the “knowingly” mens rea standard required under Ruan, 142 S. Ct. at 2375, for the second element” the Sixth Circuit reasoned that by inserting the generic term “illegally” in the instruction, the jury instruction “made clear that the jury had to find that Defendants knowingly opened the clinics for the purpose of illegally distributing Schedule II controlled substances.” Did the Sixth Circuit commit error by substituting the generic term “illegally” for the language mandated in Ruan? Although no other district or circuit court has appeared to issue a ruling on 21 U.S.C. § 856(a)(1) under the Ruan standard, every court that has applied this Court’s holding in Ruan to a prosecution under 21 U.S.C. § 841 has found that failing to give the Ruan instruction was plain error — but notably not the Sixth Circuit. Parting ways with other circuits handling of this issue, the Sixth Circuit determined that Ms. Newman could not meet the plain error standard. Is the Sixth Circuit’s ruling in this case on the plain error of the instruction standard contrary to this Court’s precedents, including Ruan v. United States, 142 8. Ct. 2370, 213 L. Ed. 2d 706 (2022) and Henderson v. United States, 568 U.S. 266, 133 S. Ct. 1121, 185 L. Ed. 2d 85 (2013)? i RELATED CASES Pursuant to Supreme Court Rule 14.1(b)Gii), Petitioner submits the following Cases which are directly related to this Petition: United States v. Sylvia Hofstetter Sixth Circuit Case No. 20-6245 (decided August 29, 2023) United States v. Cynthia Clemons Sixth Circuit Case No. 20-6427 (decided August 29, 2023) United States v. Holli Womack Sixth Circuit Case No. 20-6426 (decided August 29, 2023) ii