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