SCOTUS Announces Government Must Prove Physicians in § 841 Prosecutions ‘Knowingly and Intentionally’ Exceeded Their Authorization to Prescribe Controlled Substances, Such as Opioids by Harold Hempstead by Harold Hempstead The Supreme Court of the United States (“SCOTUS”) held that 28 U.S.C. § 841’s “knowingly or intentionally” mens rea requirement applies …

Tenth Circuit, Joining Sister Circuits, Announces ‘Personal-Use’ Drug Quantity Doesn’t Constitute ‘Relevant Conduct’ Under Guidelines § 1B1.3(a) and Sets Forth Framework for Burden of Proof Analysis by Douglas Ankney by Douglas Ankney  In a case of first impression, the U.S. Court of Appeals for the Tenth Circuit adopted the burden-shifting …

A Day Late and a Dollar Short, The Heritage Foundation, 2017 “A Day Late and a Dollar Short”—President Obama’s Clemency Initiative 2014 PAUL J. LARKIN, JR.* ABSTRACT Over his last two years in office, President Barack Obama used his Article II Pardon Clause power to commute the sentences imposed on …