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Paula Jones v. United States

Paid petition · United States Court of Appeals for the Fifth Circuit, No. 18-31074 · judgment October 28, 2020


Certiorari denied · October 12, 2021
Pre-decision estimate: 0% cert probability

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

Questions presented

Petitioner Paula Jones hereby adopts the Petitions for Writ of Certiorari filed by Dr. Henry Evans and Dr. Shelton Barnes and the Questions Presented therein, to wit: Questions Presented by Dr. Evans 1.) Are the Medicare rules, regulations, and policies controlling” in a criminal prosecution under 18 U.S.C. § 1347; i.e. is evidence of compliance or non-compliance with the rules, regulations and policies always relevant to a determination of fraud? 2.) If the Medicare rules, regulations, and polices are not “controlling,” but are “terms of art,” as the Fifth Circuit opined, must these rules, regulations, and policies nevertheless guide the “reliable principles and methods” of any witness proffered as an expert in eligibility for Medicare benefits? Questions Presented by Dr. Barnes 3.) Does the Panel Decision of the United States Court of Appeals for the Fifth Circuit, rendered October 28, 2020 (979 F.3d 283 (5th Cir. 2020), WL 6304699, rehearing denied January 4, 2021 (hereinafter Panel Decision), conflict with its own authority, holding and reversal in U.S. v. Ganja, 880 F.3d 760 (5th Cir. 2018), which is not substantially distinguishable from the present case, and with the same lack of criminal intent and sufficiency of evidence? 4.) Does the Panel Decision conflict with the holding and reversal in the co-defendant and alleged co-conspirator appeal in United States v. Nora, 988 F.3d 823 (5th Cir. 2021),

Counsel of record

For petitioner
Paula Jones

For respondent
Brian H. Fletcher
Acting Solicitor General

Case

Conference history
Distributed for 1 conference

Related
Vide, 21-366

Proceedings

  1. Oct 12 2021
    Petition DENIED.
  2. Sep 22 2021
    DISTRIBUTED for Conference of 10/8/2021.
  3. Sep 17 2021
    Waiver of right of respondent United States to respond filed.
  4. Jul 03 2021
    Petition for a writ of certiorari filed. (Response due October 8, 2021)