Supreme Court of the United States · Official docket →
Shakeel Kahn v. United States
IFP petition · United States Court of Appeals for the Tenth Circuit, No. 19-8054 · judgment February 25, 2021
Questions presented
Consolidated with 20-1410.
-
Where the government prosecutes a medical practitioner under the Controlled Substances Act for issuing a prescription outside “the usual course of professional practice,” is the government required to prove that the doctor knew or intended that the prescription be outside the scope of professional practice?
-
Does a “good faith” defense in the context of a licensed medical practitioner prosecuted under the Controlled Substances Act protect doctors who have an honest but mistaken belief that they have issued the charged prescription in “the usual course of professional practice;” and, if so, must that belief be objectively reasonable?
-
Should the “usual course of professional practice” and “legitimate medical purposes” prongs of C.F.R § 1306.04(a) be read in the conjunctive or the disjunctive?
Counsel of record
For petitioner
Beau B. Brindley
The Law Offices of Beau B. Brindley
For respondent
Elizabeth B. Prelogar
Solicitor General
Case
Conference history
Distributed for 2 conferences
Argument & decision
Argued March 1, 2022 — Lawrence S. Robbins · Beau B. Brindley · Eric J. Feigin. Audio and transcript
Decided June 27, 2022.
Proceedings
- Jul 29 2022JUDGMENT ISSUED
- Jun 27 2022Judgment VACATED and case REMANDED. Breyer, J. delivered the opinion of the Court, in which Roberts, C. J., and Sotomayor, Kagan, Gorsuch, and Kavanaugh, JJ., joined. Alito, J., filed an opinion concurring in the judgment, in which Thomas, J., joined, and in which Barrett, J., joined as to Parts I–A, I–B, and II. VIDED.
- Mar 01 2022Argued. For petitioner in 20-1410: Lawrence S. Robbins, Washington, D. C. For petitioner in 21-5261: Beau B. Brindley, Chicago, Ill. For respondent: Eric J. Feigin, Deputy Solicitor General, Department of Justice, Washington, D. C. VIDED.
- Feb 16 2022The record from the U.S.D.C. District of Wyoming is electronic and located on Pacer. The restricted record containing Sealed, Non-Public, and Ex-Parte pleadings has been electronically filed.
- Jan 18 2022CIRCULATED
- Dec 21 2021Record requested from the U.S.C.A. 10th Circuit.
- Dec 21 2021The record from the U.S.C.A. 10th Circuit is electronic and located on Pacer.
- Dec 17 2021ARGUMENT SET FOR Tuesday, March 1, 2022. VIDED.
- Nov 05 2021Motion to proceed in forma pauperis and petition for a writ of certiorari GRANTED. The petition for a writ of certiorari in No. 20-1410 is granted. The cases are consolidated, and a total of one hour is allotted for oral argument.
- Nov 05 2021Because the Court has consolidated these cases for briefing and oral argument, future filings and activity in the cases will now be reflected on the docket of No. 20-1410. Subsequent filings in these cases must therefore be submitted through the electronic filing system in No. 20-1410. Each document submitted in connection with one or more of these cases must include on its cover the case number and caption for each case in which the filing is intended to be submitted. Where a filing is submitted in fewer than all of the cases, the docket entry will reflect the case number(s) in which the filing is submitted; a document filed in all of the consolidated cases will be noted as “VIDED.”
- Nov 01 2021DISTRIBUTED for Conference of 11/5/2021.
- Oct 14 2021DISTRIBUTED for Conference of 10/29/2021.
- Oct 12 2021Reply of petitioner Shakeel Kahn filed. (Distributed)
- Sep 29 2021Brief of respondent United States in opposition filed.
- Aug 25 2021Motion to extend the time to file a response is granted and the time is extended to and including September 29, 2021.
- Aug 24 2021Motion to extend the time to file a response from August 30, 2021 to September 29, 2021, submitted to The Clerk.
- Jul 26 2021Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 30, 2021)