Samson Kanla Orusa v. United States

/ STATEMENT OF THE ISSUES I. Whether the district court's erroneous instructions regarding what constitutes criminal liability under 21 U.S.C. section 841 (illegal distribution of oxycodone) (counts 2-23) requires reversal of the defendant's conviction for Health Care Fraud under 18 U.S.C. section 1347(counts 24-36). Rulings of other US Courts of Appeals of different jurisdictions conflict,where legally-incorrect jury instructions concerning 841 conviction which was inextricably intertwined and interrelated as a predicate to other convictions (i.e.,structural error). Clarity from The United States Supreme Court is essential.because of the public benefits as many doctors are unneccesarily languishing in prison instead of helping ameliorate the nationwide doctors' shortages. Dr. Orusa was charged with 841, maintaining a drug involved premises (i.e..oxycodone) (21 U.S.C. section 856) (count 1),Health Care Fraud (18 U.S.C. section 1347), and money laundering (18 U.S.C. section 1956 & 1957)(counts 37-) The prosecutors' indictment,opening statement,evidence,closing statement,and jury instructions told the jury time and again that all 4 categories, of the crimes are inexcricably intertwined and that if the Oxycodone prescriptions issued by Dr. Orusa were illegal under 841,the submission of these bills for office visits to Medicare is fraud. The jury convicted on all 13 health care fraud charges and other crimes. In June 27,2022,the Supreme Court in a 9-0 ruling in Ruan v. US,142 S. ct. 2370 (2022) as regards 21 U.S.C. section 841 required prosecutors to prove that physician-defendant not only objectively but also subjectively knew that he or she was prescribing a controlled substance with no legitimate medical purpose. The 841 convictions were vacated to be retried due to legally-incorrect jury instructions. 856, 1956 & 1957 were also vacated because they were intertwined with 841. Health Care Fraud convictions were not vacated even though the 841 convictions were inextricably intertwined as a predicate to the Health Care Fraud convictions. The Sixth Circuit Court sanctioned such a departure by the district court,the Supreme Court needs to exercise it's supervisory power. Examples of how US Courts of Appeals of different jurisdictions conflict .where legally-incorrect jury