Waiting on Ruan
With a decision on Ruan v. United States and Khan v. United States by the Supreme Court just around the corner, there are a few factual developments that give insight into the Court’s potential decision which will greatly impact opioid prescribers and pain patients.
SCOTUS turns a blind eye to actual INNOCENCE in AEDPA ruling
In Shinn v. Ramirez the Supreme Court led by Justice Thomas held that a state court defendant is barred from access to federal courts if his state court claim is procedurally barred even where his counsel is ineffective. A salty dissent pointed out that innocent people will be imprisoned or even executed for failure to have a competent lawyer. Habeas relief continues to erode.
Judge reverses COVID-19 TSA Mask Mandate in a Harsh Rebuke of CDC Powers
The CDC COVID-19 mask mandate has been declared unlawful by a federal judge in the Middle District of Florida. In a 59 page ruling, Judge Mizelle declared the mask mandate an unconstitutional exercise of government power. Airlines were quick to permit the widespread removal of masks.
AMA TAKES A CRITICAL STANCE ON NEWLY PROPOSED CDC OPIOID GUIDELINES
The 2016 CDC Guideline for Prescribing Opioids is undergoing well needed change. The AMA released public comments applauding the CDC’s efforts to make some changes while declaring that it has not gone far enough to protect pain patients, prescribers, and the public.
Government Destruction of Evidence and the Youngblood doctrine
In Arizona v. Youngblood the Supreme Court determined that a defendant is only entitled to dismissal based on destruction of evidence where it can show “bad faith” on the part of the police officers. ContraFed breaks down decisions since Youngblood and an approach for a successful “bad faith” spoliation argument.
FEDS PURSUE NOVEL THEORY IN DARK WEB INSIDER TRADING CASE
The Department of Justice and Securities and Exchange Commission launched a novel theory of prosecution against Apostolos Trovias for selling “inside information” on the Dark Web including financial reports yet to be released.
Oral Argument Recap Ruan v. United States
The Supreme Court heard oral argument in Ruan v. United States and Khan v. United States, the most important opioid prescribing case since 1975. ContraFed recaps the oral argument and provides a prediction of the impending decision in this hotly debated Controlled Substance Act Case impacting physicians.
What tiger King tells us about the Federal Sentencing Guidelines
Joe Exotic AKA Joseph Maldanado received relief from the 10th Circuit Court of Appeals that sent his case back for re-sentencing. His case reveals an endemic flaw in the US Sentencing Guidelines.
Justice Jackson? Biden’s Likely Supreme Court Nominee - gets it
The top pick on President Biden’s very short Supreme Court nomination list goes to Judge Ketanji Brown Jackson a former public defender, advisor to the sentencing commission, and D.C. District and Circuit Judge.
Government Waffles in Supreme Court Pain Management Case - Ruan v. United States
I’ve been waiting 10 years to see how the government attones for the circuit split in physician opioid prescribing cases, and today is the day. The Government filed its brief in Ruan v. United States, the single most important physician prescribing case of our time which will have a profound impact on pain patients and physicians. I break down their strategy.
Thousands of Federal Prisoners to Remain Free After COVId-19 Pandemic
Thousands of federal prisoners to remain out at the conclusion of the COVID-19 pandemic on home confinement according to a recent Department of Justice Policy memo.
scotus raises concerns over federal sentencing guidelines
Two Supreme Court Justices on opposite sides of the ideological spectrum raise concerns over the lack of action of the United States Sentencing commission in resolving an important guidelines dispute.
Understanding Federal Criminal Sentencing
97% of federal defendants throw themselves at the mercy of the court and plead guilty only to proceed to a federal sentencing hearing unprepared and unaware of what actually occurs and how to achieve the lowest possible federal sentencing. Let’s change that. A federal sentence is determined based on a complex decision involving guidelines, “relevant conduct” and the pre-sentence report. Learn exactly what occurs during a federal sentencing hearing.
Internment
113,000 Japanese Americans were arrested by their government during Japanese internment. One took his case all the way to the Supreme Court. And while it took over forty years to obtain justice, he won. This is the story of Fred Korematsu.
Chances Are you’re a Felon
Ever taken a hit of a joint? Passed one to a friend? Yep thats right, you’re a felon. 40,000 inmates are in federal prison right now for marijuana related convictions. Federal law still punishes the possession, manufacture, and distribution of Marijuana by up to 20 years in prison. But the recently proposed Cannabis Administration and Opportunity Act proposes to provide relief.
FBI HONEYPOT TOOK DOWN ENCRYPTED MESSAGING
Learn how the FBI took over an encrypted messaging company and systematically shut down encrypted messaging platforms to drive traffic to its honeypot.
Mayo Clinic Trained Physician Acquitted of Drug Trafficking
Mayo Clinic trained physician Joseph Oesterling was acquitted of all counts of drug trafficking for allegedly running a pill mill in Caro Michigan. He was represented by Federal Criminal Defense Attorney Ronald W. Chapman II.
West Virginia Physician Acquitted of All Charges
Healthcare fraud and drug trafficking full acquittal secured by Federal Criminal Defense Attorney Ronald W. Chapman II. Dr. Aggarwal was accused of unlawfully prescribing the drug Suboxone at a West Virginia drug treatment clinic. He was cleared of all charges by the West Virginia Federal Jury.
How the Feds Used 7 Words to Jail Hundreds of Doctors
Learn how the federal government's crackdown on oxycodone and other opioids has caused unintended consequences for doctors who prescribe pain medication legitimately.