Whether a deliberate ignorance instruction in a physician prosecution under 21 U.S.C. § 841(a) impermissibly reduces the required mens rea by incorporating an objective standard of 'authorized' prescribing

1. Does a deliberate ignorance instruction in a physician prosecution under 21 U.S.C. § 841(a) that incorporates an objective ye t “ambiguous” standard of “authorized” prescribing have the improper effect of allowing criminal liability based on the mental state of a hypothetical “reasonable” doctor rather than based on the “knowing” mental stat e of the defendant himself, as required by Ruan v. United States ? 2. Is a deliberate ignorance instruction appropriate when there is no evidence the defendant took affirmative steps to avoid learning the truth of a relevant fact? ii LIST OF PROCEEDINGS U.S. District Court, Eastern District of Kentucky No. 2 :21-CR -00056 United States v. David W. Suetholz Judgment : June 29, 2023 _ U.S. Court of Appeals for the Sixth Circuit No. 23 -5613 United States v. David W. Suetholz Opinion : September 13, 2024