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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.

Docket No. Op. Below Argument Opinion Vote Author Term
21-1418 11th Cir. N/A N/A N/A N/A OT 2022

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).

DateProceedings and Orders (key to color coding)
03/09/2022Application (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.
03/15/2022Application (21A504) granted by Justice Thomas extending the time to file until April 20, 2022.
04/08/2022Application (21A504) to extend further the time from April 20, 2022 to May 20, 2022, submitted to Justice Thomas.
04/20/2022Application (21A504) denied by Justice Thomas.
04/20/2022Petition for a writ of certiorari filed. (Response due June 3, 2022)
06/03/2022Memorandum of respondent United States filed.
06/22/2022DISTRIBUTED for Conference of 9/28/2022.
07/14/2022Response Requested. (Due August 15, 2022)
07/28/2022Motion to extend the time to file a response from August 15, 2022 to September 14, 2022, submitted to The Clerk.
08/01/2022Motion to extend the time to file a response is granted and the time is extended to and including September 14, 2022.
09/14/2022Brief of respondent United States in opposition filed.
09/27/2022Reply of petitioner Medardo Queg Santos filed. (Distributed)
09/28/2022DISTRIBUTED for Conference of 10/14/2022.
10/17/2022Petition GRANTED. Judgment VACATED and case REMANDED for further consideration in light of Xiulu Ruan v. United States, 597 U. S. ___ (2022).
11/18/2022Judgment issued.