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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


2%
estimated cert probability
(petition-stage, structural)
Rule 10: circuit split argued

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
—

Proceedings

  1. Oct 16 2026
    Waiver of right of respondent United States to respond filed.
  2. Sep 14 2026
    Petition for a writ of certiorari filed. (Response due October 21, 2026)