Whether the Supreme Court's precedent in Ruan v. United States requires a different standard of review for criminal convictions involving controlled substance prescriptions that creates a circuit split with the Tenth Circuit

No question identified. : hospitalization of his infant daughter. His daughter’s recovery was sidetracked by a household COVID outbreak, the effects of which are still being felt. The undersigned has been ill for weeks, dealing with severe asthmatic complications that require frequent treatment and have negatively impacted his ability to timely meet professional responsibilities. While still recovering, the undersigned also must prepare to litigate a four-week jury trial in United States v. Henson (6:16-cr-10018), also on remand following a cert grant by this Court, beginning February 8, 2024, in the district of Kansas. Due to these illnesses and substantial litigation demands, the undersigned cannot timely complete a cert petition for Ms. Oyekunle-Bubu. Attached is a copy of the Fifth Circuit’s opinion denying the appeal of Ms. Oyekunle-Bubu and her co-defendants. This application is made on behalf of Ms. Oyekunle-Bubu alone. Also attached is the Fifth Circuit’s order denying her Petition for Rehearing. The Court has jurisdiction over this matter pursuant to 28 U.S.C. §1254(1). Ms. Oyekunle-Bubuw’s Petition will demonstrate that the Fifth Circuit panel failed to follow the precedent of this Court in Ruan v. United States, 142 S. Ct. 2370 (2022) and created a circuit split with the Tenth Circuit in United States v. Kahn, 58 F.4th 1308 (10th Cir.2023). Under the circumstances, a 60-day extension of time will allow the undersigned to complete and file Ms. Oyekunle-Bubu’s Petition and allow the Court to address these vital issues. Respectfully submitted, u. B Brindley ounsel for Petitioner Ethel. Oyekunle-Bubw’s The Law Offices of Beau. B Brindley 53 W. Jackson Blvd Ste. 1410 Chicago, Illinois, 60604 (312)765-8878 January 26, 2024 Certificate of Service The undersigned hereby certifies that the attached application was served on the Solicitor General of the United States at Room 5616, Department of Justice, 950 Pennsylvania Ave., N. W., Washington, DC 20530-0001, by United States Mail on January 26, 2024. Leg Beat’B Brindley Counsel for Petitioner Ethel Oyekunle-Bubu’s The Law Offices of Beau. B Brindley 53 W. Jackson Blvd Ste. 1410 Chicago, Illinois, 60604 (312)765-8878 January 26, 2024