No. 20-1480

George P. Naum, III v. United States

Lower Court: Fourth Circuit
Docketed: 2021-04-22
Status: GVR
Type: Paid
Relisted (6) Experienced Counsel
Tags: 21-cfr-1306-04 21-usc-841 controlled-substances criminal-prosecution medical-practice opioid-prescription professional-standards statutory-interpretation united-states-v-moore
Latest Conference: 2022-06-29 (distributed 6 times)
Question Presented (from Petition)

Can the elements of 21 U.S.C. §841(a)(l) as defined in United States v. Moore, 423 U.S. 122 (1975) requiring the Government to prove unlawful distribution of a controlled substance "outside the usual course of professional practice " and "for other than a legitimate medical purpose " be applied in the disjunctive permitting the Government to prove only that a prescription was prescribed "outside the usual course of professional practice " or "outside the bounds of professional practice " solely for violation of a professional standard without regard to the medical legitimacy of the medication?

Question Presented (AI Summary)

Can the elements of 21 U.S.C. §841(a)(1) as defined in United States v. Moore, 423 U.S. 122 (1975) requiring the Government to prove unlawful distribution of a controlled substance 'outside the usual course of professional practice' and 'for other than a legitimate medical purpose' be applied in the disjunctive permitting the Government to prove only that a prescription was prescribed 'outside the usual course of professional practice' or 'outside the bounds of professional practice' solely for violation of a professional standard without regard to the medical legitimacy of the medication?

Docket Entries

2022-08-01
JUDGMENT ISSUED
2022-06-30
Petition GRANTED. Judgment VACATED and case REMANDED for further consideration in light of Xiulu Ruan v. United States, 597 U. S. ___ (2022).
2022-06-29
DISTRIBUTED for Conference of 6/29/2022.
2021-11-01
DISTRIBUTED for Conference of 11/5/2021.
2021-10-25
DISTRIBUTED for Conference of 10/29/2021.
2021-10-12
DISTRIBUTED for Conference of 10/15/2021.
2021-10-04
DISTRIBUTED for Conference of 10/8/2021.
2021-08-11
DISTRIBUTED for Conference of 9/27/2021.
2021-07-23
Brief of respondent United States in opposition filed.
2021-06-04
Motion to extend the time to file a response is granted and the time is further extended to and including July 23, 2021.
2021-06-03
Motion to extend the time to file a response from June 23, 2021 to July 23, 2021, submitted to The Clerk.
2021-05-18
Motion to extend the time to file a response is granted and the time is extended to and including June 23, 2021.
2021-05-17
Motion to extend the time to file a response from May 24, 2021 to June 23, 2021, submitted to The Clerk.
2021-04-20
Petition for a writ of certiorari filed. (Response due May 24, 2021)

Attorneys

George P. Naum, III
Ronald William Chapman IIChapman Law Group, Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent