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Kahn v. United States

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Docket No. Op. Below Argument Opinion Vote Author Term
21-5261 10th Cir. Mar 1, 2022
 Jun 27, 2022 9-0 Breyer OT 2021

Holding: For the crime of prescribing controlled substances outside the usual course of professional practice in violation of 21 U.S.C. § 841, the mens rea “knowingly or intentionally” applies to the statute’s “except as authorized” clause.

Judgment: Vacated and remanded, 9-0, in an opinion by Justice Breyer on June 27, 2022. Justice Alito filed an opinion concurring in the judgment, in which Justice Thomas joined and in which Justice Barrett joined as to Parts I-A, I-B, and II.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
Jul 26 2021Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 30, 2021)
Aug 24 2021Motion to extend the time to file a response from August 30, 2021 to September 29, 2021, submitted to The Clerk.
Aug 25 2021Motion to extend the time to file a response is granted and the time is extended to and including September 29, 2021.
Sep 29 2021Brief of respondent United States in opposition filed.
Oct 12 2021Reply of petitioner Shakeel Kahn filed. (Distributed)
Oct 14 2021DISTRIBUTED for Conference of 10/29/2021.
Nov 01 2021DISTRIBUTED for Conference of 11/5/2021.
Nov 05 2021Motion to proceed in forma pauperis and petition for a writ of certiorari GRANTED. The petition for a writ of certiorari in No. 20-1410 is granted. The cases are consolidated, and a total of one hour is allotted for oral argument.
Nov 05 2021Because the Court has consolidated these cases for briefing and oral argument, future filings and activity in the cases will now be reflected on the docket of No. 20-1410. Subsequent filings in these cases must therefore be submitted through the electronic filing system in No. 20-1410. Each document submitted in connection with one or more of these cases must include on its cover the case number and caption for each case in which the filing is intended to be submitted. Where a filing is submitted in fewer than all of the cases, the docket entry will reflect the case number(s) in which the filing is submitted; a document filed in all of the consolidated cases will be noted as “VIDED.”
Dec 17 2021ARGUMENT SET FOR Tuesday, March 1, 2022. VIDED.
Dec 21 2021Record requested from the U.S.C.A. 10th Circuit.
Dec 21 2021The record from the U.S.C.A. 10th Circuit is electronic and located on Pacer.
Jan 18 2022CIRCULATED
Feb 16 2022The record from the U.S.D.C. District of Wyoming is electronic and located on Pacer. The restricted record containing Sealed, Non-Public, and Ex-Parte pleadings has been electronically filed.
Mar 01 2022Argued. For petitioner in 20-1410: Lawrence S. Robbins, Washington, D. C. For petitioner in 21-5261: Beau B. Brindley, Chicago, Ill. For respondent: Eric J. Feigin, Deputy Solicitor General, Department of Justice, Washington, D. C. VIDED.
Jun 27 2022Judgment VACATED and case REMANDED. Breyer, J. delivered the opinion of the Court, in which Roberts, C. J., and Sotomayor, Kagan, Gorsuch, and Kavanaugh, JJ., joined. Alito, J., filed an opinion concurring in the judgment, in which Thomas, J., joined, and in which Barrett, J., joined as to Parts I–A, I–B, and II. VIDED.
Jul 29 2022JUDGMENT ISSUED