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Gazelle Craig v. United States

Paid petition · United States Court of Appeals for the Fifth Circuit, No. 18-20671 · judgment August 4, 2020


Certiorari denied · March 29, 2021
Pre-decision estimate: 5% cert probability (95% interval 4%–8%)

Before the decision, modestly above the 4.1% base rate. The model weighted this up for a Fifth Circuit decision below and a circuit split argued in the petition.

Question presented

Dr. Gazelle Craig was a licensed physician working at a pain clinic with clinic manager and co-Defendant Shane Faithful. Both were convicted of conspiracy to distribute and distribution of controlled substances based on patients filling prescriptions that Dr. Craig wrote that were allegedly not medically necessary, and therefore, unlawful. The Controlled Substance Act defines dispensing and distributing controlled substances as mutually exclusive acts, with “dispensing” involving a prescription and “distributing” involving delivery other than by dispensing. The question presented is: When Dr. Craig wrote a prescription for a controlled substance that was not medically necessary, did her conduct constitute “dispensing,” “distributing,” or both under the Controlled Substance Act? -i-

Counsel of record

For petitioner
Jack Benjamin Zimmermann
Zimmermann Lavine & Zimmermann P.C.

For respondent
Brian H. Fletcher
Acting Solicitor General

Case

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

Conference history
Distributed for 1 conference

Related
Vide, 20-7204

Order
Order list, March 29, 2021 · Certiorari denied

Proceedings

  1. Mar 29 2021
    Petition DENIED.
  2. Mar 10 2021
    DISTRIBUTED for Conference of 3/26/2021.
  3. Mar 04 2021
    Waiver of right of respondent United States to respond filed.
  4. Feb 19 2021
    Petition for a writ of certiorari filed. (Response due March 31, 2021)