Eleventh Circuit

The Court reversed a defendant’s conviction for possession with the intent to distribute ethylone. At issue was whether ethylone is a “positional isomer” of butylone, which would therefore make it an illegal controlled substance. The DEA asserted that it was, pursuant to its regulations defining “positional isomers.” The Court disagreed, holding that the DEA’s definition did not unambiguously apply to ethylone, and the Rule of Lenity did not allow for Auer deference in criminal prosecutions.

Last week, a prominent Atlanta cancer treatment practice reached a settlement agreement with the Department of Justice to resolve allegations that it over-billed Medicare. Georgia Cancer Specialists is one of the largest oncology providers in the country and has 27 offices in Georgia. The company has not released a statement yet and though it has […]