No. 22-6211

In Re Patricia Ann Solomon

Lower Court: N/A
Docketed: 2022-12-02
Status: Denied
Type: IFP
IFP
Tags: civil-rights conspiracy conspiracy-charge controlled-substance controlled-substances criminal-law drug-distribution heck-v-humphrey legitimate-purpose medical-prescription prescribing-authority prescription-drugs
Key Terms:
HabeasCorpus CriminalProcedure
Latest Conference: 2023-01-06
Question Presented (from Petition)

As per Honorable Justice Breyer's opinion in the new United States Supreme Court ruling XIULU RUAN v. UNITED STATES No. 20-1410. Argued March 1, 2022 —Decided June 27, 2022; "a regulation provides that, "to be effective, " a prescription "must be issued for a legitimate medical purpose by an individual practitioner acting in the usual course of his professional practice. " 21 CFR §1306.04(a). We assume, as did the courts below and the parties here, that a prescription is "authorized " and therefore lawful if it satisfies this standard.

Under the light of this Honorable Court, Can Ms. Patricia Solomon, a physician assistant who never prescribed any drug, be convicted under 21 U.S.C. §846 in the Eastern District of Kentucky London Division of conspiracy to distribute oxycodone a controlled substance not "as authorized, " when the medicines were dispensed in accordance with valid prescriptions lawfully signed by a doctor under his prescribing authority capacity?

Question Presented (AI Summary)

Can Ms. Patricia Solomon, a physician assistant who never prescribed any drug, be convicted under 21 U.S.C. §846 in the Eastern District of Kentucky London Division of conspiracy to distribute oxycodone a controlled substance not 'as authorized,' when the medicines were dispensed in accordance with valid prescriptions lawfully signed by a doctor under his prescribing authority capacity?

Docket Entries

2023-01-09
Petition DENIED.
2022-12-08
DISTRIBUTED for Conference of 1/6/2023.
2022-11-28
Petition for writ of habeas corpus and motion for leave to proceed in forma pauperis filed.

Attorneys

Patricia Ann Solomon
Patricia Ann Solomon — Petitioner