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Bernard Rottschaefer v. United States

Paid petition · United States Court of Appeals for the Third Circuit, No. 19-2655 · judgment January 3, 2020

Certiorari denied · April 20, 2020
Pre-decision estimate: 0% cert probability

Before the decision, well below the 4.1% base rate: the model weighted this down for a self-represented petitioner.

Questions presented

On March 3rd, 2006, the Court of Appeals for the 3rd District ruled that sex-for-drugs played no part in Dr. Rottschaefer’s convictions and that Dr. Rottschaefer was convicted of “unlawfully distrib­ uting controlled substances outside the course of pro­ fessional practice.” Subsequently, in November 2009, the US District Court for the Western District of Penn­ sylvania ruled that “The fact that the petitioner was exchanging sex-for-drugs was central to the govern­ ment’s case against him . .. In short the jury believed that petitioner traded controlled substances for sexual favors from these patients. Whether these patients may arguably have a medical use for the controlled substances is, therefore, not depositive.” On January 3, 2020 the Court ofAppeals denied Dr. Rottschaefer’s ap­ peal, by citing that he “failed to present a substantial question.” The questions presented are as follows:

  1. May the District Court overrule the previous unanimous Corut of Appeals decision in the same case?

  2. Does such a reversal constitute a “substantial question”?

  3. What crime, if any, has Dr. Rottschaefer com­ mitted?

Counsel of record

For petitioner
Bernard L. Rottschaefer

For respondent
Noel John Francisco
Jones Day

Case

Subject area
Criminal Procedure (estimated from the questions presented, in the Supreme Court Database’s categories)

Conference history
Distributed for 1 conference

Order
Order list, April 20, 2020 · Certiorari denied

Proceedings

  1. Apr 20 2020
    Petition DENIED.
  2. Apr 01 2020
    DISTRIBUTED for Conference of 4/17/2020.
  3. Mar 26 2020
    Waiver of right of respondent United States to respond filed.
  4. Mar 18 2020
    Petition for a writ of certiorari filed. (Response due April 22, 2020)