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Shawn Mark Henry v. United States

Paid petition · United States Court of Appeals for the Fifth Circuit, No. 21-10292 · judgment October 2, 2023


Certiorari denied · February 20, 2024
Pre-decision estimate: 2% cert probability

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

Question presented

I. Does the Anti-Kickback Statute, 42 U.S.C. § 1320a-7(b)(1), require the government to prove that the defendant received remuneration for referring patients who the defendant knew received federal healthcare benefits? II. Is the mere use of the internet a sufficient interstate nexus to sustain a conviction under the Travel Act, 18 U.S.C. § 1952(a)?

Counsel of record

For petitioner
Franklyn Ray Mickelsen Jr.
Broden & Mickelsen

For respondent
Elizabeth B. Prelogar
Solicitor General

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Feb 20 2024
    Petition DENIED.
  2. Jan 10 2024
    DISTRIBUTED for Conference of 2/16/2024.
  3. Jan 08 2024
    Waiver of right of respondent United States to respond filed.
  4. Dec 29 2023
    Petition for a writ of certiorari filed. (Response due February 2, 2024)