Santos v. United States
Petition for a writ of certiorari granted, judgment vacated, and case remanded to the U.S. Court of Appeals for the 11th Circuit for further consideration in light of Ruan v. United States.
Issue: (1) Whether, if a physician"s good faith is a complete defense to a prosecution for prescribing controlled substances without a legitimate medical purpose or outside the usual course of professional practice 21 U.S.C. " 841(a)(1), as the Supreme Court may hold in Ruan v. United States, an expert may provide incorrect legal opinion testimony that the test is purely objective; and (2) whether, at sentencing, district courts may find relevant conduct that has a wag-the-dog effect on the guidelines calculation by using a mere preponderance-of-evidence standard (as four circuits have held), or whether they must instead apply a clear-and-convincing-evidence standard (as one circuit has held).
Date | Proceedings and Orders |
---|---|
03/09/2022 | Application (21A504) to extend the time to file a petition for a writ of certiorari from March 21, 2022 to May 20, 2022, submitted to Justice Thomas. |
03/15/2022 | Application (21A504) granted by Justice Thomas extending the time to file until April 20, 2022. |
04/08/2022 | Application (21A504) to extend further the time from April 20, 2022 to May 20, 2022, submitted to Justice Thomas. |
04/20/2022 | Application (21A504) denied by Justice Thomas. |
04/20/2022 | Petition for a writ of certiorari filed. (Response due June 3, 2022) |
06/03/2022 | Memorandum of respondent United States filed. |
06/22/2022 | DISTRIBUTED for Conference of 9/28/2022. |
07/14/2022 | Response Requested. (Due August 15, 2022) |
07/28/2022 | Motion to extend the time to file a response from August 15, 2022 to September 14, 2022, submitted to The Clerk. |
08/01/2022 | Motion to extend the time to file a response is granted and the time is extended to and including September 14, 2022. |
09/14/2022 | Brief of respondent United States in opposition filed. |
09/27/2022 | Reply of petitioner Medardo Queg Santos filed. (Distributed) |
09/28/2022 | DISTRIBUTED for Conference of 10/14/2022. |
10/17/2022 | Petition GRANTED. Judgment VACATED and case REMANDED for further consideration in light of Xiulu Ruan v. United States, 597 U. S. ___ (2022). |
11/18/2022 | Judgment issued. |