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