Supreme Court of the United States · Official docket →
Evann Herrell and Keri McFarlane v. United States
Paid petition · United States Court of Appeals for the Sixth Circuit, No. 24-5498, 24-5664 · judgment June 16, 2026
(petition-stage, structural)
Well below the 4.1% base rate, with no standout signals pointing toward a grant.
Question presented
Whether, after Ruan v. United States, 597 U.S. 450 (2022), a jury instruction requiring proof that a physician knew the prescribing was unauthorized adequately protects § 841‘s subjectivemens rea requirement when the Government relies on objective professional standards as evidence of knowledge and the district court refuses a requested instruction explaining that malpractice and deviations from the standard of care do not themselves establish criminal knowledge.
Counsel of record
For petitioner
Loretta G. Cravens
Eldridge & Blakney, P.C.
For respondent
D. John Sauer
Solicitor General
Case
Subject area
Criminal Procedure (estimated from the questions presented, in the Supreme Court Database’s categories)
Conference history
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Proceedings
- Oct 16 2026Waiver of right of respondent United States to respond filed.
- Sep 14 2026Petition for a writ of certiorari filed. (Response due October 21, 2026)