Supreme Court of the United States · Official docket →
Emmanuel I. Mekowulu v. United States
Paid petition · United States Court of Appeals for the Eleventh Circuit, No. 18-11255 · judgment August 14, 2018
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Questions presented
Petitioner Emmanuel I. Mekowulu was a licensed Florida pharmacist who was convicted of conspiracy to knowingly distribute controlled substances (oxycodone) not in the usual course of professional practice. At trial, the government introduced the testimony of an expert witness in the field of pharmacy who testified as to his opinion of “red flags” that would cause a pharmacist to question whether a prescription was issued for a legitimate medical purpose. The questions presented in this Petition are:
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Whether the government’s expert’s afterthe-fact opinion of the applicable standard of care of Florida Pharmacists is an ex post facto interpretation of the criminal standard of conduct resulting in an unconstitutional conviction based on an ex post facto law.
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Whether the government’s expert’s afterthe-fact opinion rendered the standard of criminal conduct unconstitutionally vague.
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Whether in this § 2255 Motion Petitioner is barred by the doctrine of procedural default for failure to raise these issues on direct appeal.
Counsel of record
For petitioner
Donald J. Schutz
LawUS LLC
For respondent
Noel John Francisco
Jones Day
Proceedings
- Mar 04 2019Petition DENIED.
- Feb 13 2019DISTRIBUTED for Conference of 3/1/2019.
- Feb 05 2019Waiver of right of respondent United States of America to respond filed.
- Jan 10 2019Petition for a writ of certiorari filed. (Response due February 19, 2019)
- Nov 02 2018Application (18A468) granted by Justice Thomas extending the time to file until January 11, 2019.
- Oct 29 2018Application (18A468) to extend the time to file a petition for a writ of certiorari from November 12, 2018 to January 11, 2019, submitted to Justice Thomas.