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Ajay S. Ahuja v. United States

Paid petition · United States Court of Appeals for the Second Circuit, No. 17-2098 · judgment August 29, 2018


Certiorari denied · October 7, 2019
Pre-decision estimate: 0% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Question presented

Does 21 U.S.C. § 842(c)(1)(B)(i) of the Controlled Substances Act permit the United States to impose a fine for each and every technical violation of 21 U.S.C. § 842(a)(5), when the text of the statute itself does not contain explicit language that allows for such successive or cumulative penalties? Does the United States satisfy its burden to prove that it has Article III standing to impose civil sanctions against a physician for failing to maintain his dispensing records, as required by 21 U.S.C. § 827(a)(1) of the Controlled Substances Act, when the United States can only prove that the such violations posed a risk of harm to the public, as opposed to being able to prove that those violations caused a concrete and identifiable harm?

Counsel of record

For petitioner
Ajay Ahuja

For respondent
Noel John Francisco
Jones Day

Case

Conference history
Distributed for 1 conference

Linked docket
18A520

Proceedings

  1. Oct 07 2019
    Petition DENIED.
  2. Jul 10 2019
    DISTRIBUTED for Conference of 10/1/2019.
  3. Jun 28 2019
    Waiver of right of respondent United States to respond filed.
  4. Jan 22 2019
    Petition for a writ of certiorari filed. (Response due July 5, 2019)
  5. Nov 16 2018
    Application (18A520) granted by Justice Ginsburg extending the time to file until January 21, 2019.
  6. Nov 13 2018
    Application (18A520) to extend the time to file a petition for a writ of certiorari from November 27, 2018 to January 21, 2019, submitted to Justice Ginsburg.