Santos v. United States

(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).