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David W. Suetholz v. United States

Paid petition · United States Court of Appeals for the Sixth Circuit, No. 23-5613 · judgment September 13, 2024


Certiorari denied · March 24, 2025
Pre-decision estimate: 4% cert probability

Before the decision, roughly the 4.1% base rate. The model weighted this up for a circuit split argued in the petition, a dissent in the court below (flagged in the petition), and a Sixth Circuit decision below.

Questions presented

  1. Does a deliberate ignorance instruction in a physician prosecution under 21 U.S.C. § 841(a) that incorporates an objective yet “ambiguous” standard of “authorized” prescribing have the improper effect of allowing criminal liability based on the mental state of a hypothetical “reasonable” doctor rather than based on the “knowing” mental state of the defendant himself, as required by Ruan v. United States?

  2. Is a deliberate ignorance instruction appropriate when there is no evidence the defendant took affirmative steps to avoid learning the truth of a relevant fact?

Counsel of record

For petitioner

For respondent
Sarah M. Harris
Acting Solicitor General

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Mar 24 2025
    Petition DENIED.
  2. Feb 26 2025
    DISTRIBUTED for Conference of 3/21/2025.
  3. Feb 18 2025
    Waiver of right of respondent United States to respond filed.
  4. Feb 03 2025
    Petition for a writ of certiorari filed. (Response due March 10, 2025)