No. 21-8148

Frank H. Bynes Jr. v. United States

Lower Court: Eleventh Circuit
Docketed: 2022-06-15
Status: GVR
Type: IFP
IFP
Tags: controlled-substances criminal-law due-process medical-practice prescription-drugs professional-ethics
Latest Conference: 2022-09-28
Question Presented (from Petition)

May a Physician Alledged to have Prescribed controlled substances outside the Usual Course of Professional Practice be convicted of Unlawful distribution under 21 USC 841(a)(1) regardless of whether he subjectively "reasonably believed" or "intended" that his actions within prescription full Professional Practice?

Question Presented (AI Summary)

Whether a physician alleged to have prescribed controlled substances outside the usual course of professional practice can be convicted of unlawful distribution, regardless of whether he reasonably believed the prescriptions were within the usual course of professional practice

Docket Entries

2022-11-04
Judgment issued.
2022-10-03
Motion to proceed in forma pauperis and petition for a writ of certiorari GRANTED. Judgment VACATED and case REMANDED for further consideration in light of <i>Xiulu Ruan</i> v. <i>United States</i>, 597 U. S. ___ (2022).
2022-08-04
DISTRIBUTED for Conference of 9/28/2022.
2022-07-15
Memorandum of respondent United States filed.
2022-06-07
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 15, 2022)

Attorneys

Frank H. Bynes Jr.
Frank Bynes Jr. — Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent