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John L. Stanton v. United States
Paid petition · United States Court of Appeals for the Sixth Circuit, No. 23-5394 · judgment June 5, 2024
Before the decision, modestly above the 4.1% base rate. The model weighted this up for a circuit split argued in the petition, counsel who has filed here before, and a Sixth Circuit decision below.
Question presented
T he C i r c u it s h ave appl ie d va st ly d i f fe r ent interpretations of the ambiguous phrase “outside the usual course of his professional practice, other than for a legitimate medical purpose.” Ruan v. United States, 597 U.S. 450, 459 (2022); Gonzales v. Oregon, 546 U.S. 243, 258 (2006); United States v. Moore, 423 U.S. 122, 135 (1975). Circuits applying this phrase in the disjunctive have convicted physicians of a “knowing or intentional” deviation from an unenumerated “standard of care.” The questions presented are: Whether the phrase to measure authorization under 21 U.S.C. § 841(a) can be applied in the disjunctive. If the phrase is applied in the disjunctive, whether the prosecution of a physician for a deviation of an unenumerated “standard of care” is an improper exercise of the Commerce Clause. Whether the phrase can be applied in the disjunctive to calculate drug weight.
Counsel of record
For petitioner
Ronald William Chapman II
Chapman Law Group
For respondent
Elizabeth B. Prelogar
Solicitor General
Case
Subject area
Criminal Procedure (estimated from the questions presented, in the Supreme Court Database’s categories)
Conference history
Distributed for 2 conferences
Orders
Order list, January 13, 2025 · Certiorari denied
Order list, March 10, 2025 · Rehearing denied
Proceedings
- Mar 10 2025Rehearing DENIED.
- Feb 19 2025DISTRIBUTED for Conference of 3/7/2025.
- Feb 07 2025Petition for Rehearing filed.
- Jan 13 2025Petition DENIED.
- Dec 24 2024DISTRIBUTED for Conference of 1/10/2025.
- Dec 23 2024Reply of petitioner John Stanton filed. (Distributed)
- Dec 09 2024Memorandum of respondent United States filed.
- Nov 06 2024Petition for a writ of certiorari filed. (Response due December 9, 2024)