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John Kapoor v. United States

Paid petition · United States Court of Appeals for the First Circuit, No. 20-1382, 20-1409 · judgment August 25, 2021


Certiorari denied · June 13, 2022
Pre-decision estimate: 6% cert probability (95% interval 3%–9%)

Before the decision, modestly above the 4.1% base rate. The model weighted this up for a First Circuit decision below, a circuit split argued in the petition, and counsel who has filed here before.

Questions presented

  1. Whether a non-physician may be convicted of conspiring with a physician to prescribe controlled substances outside the course of professional practice under 21 U.S.C. § 841(a) without regard to the nonphysician’s understanding that the physician believed their prescribing to be within the usual course of professional practice.

  2. Whether a federal court must grant a motion for judgment of acquittal when, after construing the evidence in the light most favorable to the government and considering both exculpatory and inculpatory inferences, the evidence of guilt and innocence is in equipoise. (I)

Counsel of record

For petitioner
Kosta Stanko Stojilkovic
Wilkinson Stekloff LLP

For respondent
Elizabeth B. Prelogar
Solicitor General

Case

Conference history
Distributed for 2 conferences

Related
Vide, 21-6952

Linked docket
21A151

Proceedings

  1. Jun 13 2022
    Petition DENIED.
  2. Jun 06 2022
    DISTRIBUTED for Conference of 6/9/2022.
  3. May 17 2022
    DISTRIBUTED for Conference of 6/2/2022.
  4. May 13 2022
    Reply of petitioner John Kapoor filed. (Distributed)
  5. Apr 29 2022
    Brief of respondents United States in opposition filed. VIDED.
  6. Apr 05 2022
    Motion to extend the time to file a response is granted and the time is further extended to and including April 29, 2022.
  7. Apr 04 2022
    Motion to extend the time to file a response from April 15, 2022 to April 29, 2022, submitted to The Clerk.
  8. Mar 11 2022
    Motion to extend the time to file a response is granted and the time is further extended to and including April 15, 2022.
  9. Mar 10 2022
    Motion to extend the time to file a response from March 16, 2022 to April 15, 2022, submitted to The Clerk.
  10. Feb 04 2022
    Motion to extend the time to file a response is granted and the time is extended to and including March 16, 2022.
  11. Feb 03 2022
    Motion to extend the time to file a response from February 14, 2022 to March 16, 2022, submitted to The Clerk.
  12. Feb 01 2022
    Motion of United States for an extension of time not accepted for filing. (February 02, 2022 - Corrected motion to be filed)
  13. Jan 10 2022
    Petition for a writ of certiorari filed. (Response due February 14, 2022)
  14. Nov 15 2021
    Application (21A151) granted by Justice Breyer extending the time to file until January 10, 2022.
  15. Nov 10 2021
    Application (21A151) to extend the time to file a petition for a writ of certiorari from November 23, 2021 to January 10, 2022, submitted to Justice Breyer.