No. 18-1511

Ajay S. Ahuja v. United States

Lower Court: Second Circuit
Docketed: 2019-06-04
Status: Denied
Type: Paid
Response Waived
Tags: administrative-law article-iii-standing civil-penalties controlled-substances-act opioid-epidemic record-keeping-requirements rule-of-lenity standing statutory-construction statutory-interpretation
Key Terms:
JusticiabilityDoctri
Latest Conference: 2019-10-01
Question Presented (from Petition)

Does 21 U.S.C. § 842(c)(1)(B)(i) of the Controlled Substances Act permit the United States to impose a fine for each and every technical violation of 21 U.S.C. § 842(a)(5), when the text of the statute itself does not contain explicit language that allows for such successive or cumulative penalties?

Does the United States satisfy its burden to prove that it has Article III standing to impose civil sanctions against a physician for failing to maintain his dispensing records, as required by 21 U.S.C. § 827(a)(1) of the Controlled Substances Act, when the United States can only prove that the such violations posed a risk of harm to the public, as opposed to being able to prove that those violations caused a concrete and identifiable harm?

Question Presented (AI Summary)

Does 21 U.S.C. § 842(c)(1)(B)(i) permit cumulative fines for technical violations of 21 U.S.C. § 842(a)(5)?

Docket Entries

2019-10-07
Petition DENIED.
2019-07-10
DISTRIBUTED for Conference of 10/1/2019.
2019-06-28
Waiver of right of respondent United States to respond filed.
2019-01-22
Petition for a writ of certiorari filed. (Response due July 5, 2019)
2018-11-16
Application (18A520) granted by Justice Ginsburg extending the time to file until January 21, 2019.
2018-11-13
Application (18A520) to extend the time to file a petition for a writ of certiorari from November 27, 2018 to January 21, 2019, submitted to Justice Ginsburg.

Attorneys

Ajay Ahuja
Ajay Ahuja — Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent