No. 19-1313

Donovan Dave Dixon v. United States

Lower Court: Fourth Circuit
Docketed: 2020-05-22
Status: Denied
Type: Paid
Response Waived
Tags: controlled-substances controlled-substances-act criminal-liability drug-trafficking gonzalez-v-oregon medical-malpractice medical-practice mens-rea standard-of-care
Key Terms:
Environmental SocialSecurity Securities Immigration
Latest Conference: 2020-06-18
Question Presented (from Petition)

Whether juries must be instructed that the government must prove that a physician acted with the mens rea of intent as to issuing a prescription outside the usual course of professional practice or not for a legitimate medical purpose and that that action and intent must mean that a physician has abandoned medical practice and engaged in "illicit drug dealing and trafficking as conventionally understood" in order to prevent a criminal conviction for malpractice under the CSA?

Question Presented (AI Summary)

Whether juries must be instructed that the government must prove that a physician acted with the mens rea of intent as to issuing a prescription outside the usual course of professional practice or not for a legitimate medical purpose and that that action and intent must mean that a physician has abandoned medical practice and engaged in 'illicit drug dealing and trafficking as conventionally understood' in order to prevent a criminal conviction for malpractice under the CSA?

Docket Entries

2020-06-22
Petition DENIED.
2020-06-02
DISTRIBUTED for Conference of 6/18/2020.
2020-05-28
Waiver of right of respondent United States to respond filed.
2020-05-18
Petition for a writ of certiorari filed. (Response due June 22, 2020)

Attorneys

Donovan Dixon
Raymond Curtis TarltonTarlton Polk PLLC, Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent