Circuit Court Opinions

The Federal Docket

Robert Randolph v. United States (11th Cir. September 2018)

The Court affirmed the district court’s denial of the defendant’s § 2255 motion, holding that the defendant’s Johnson claim was not a “new rule of constitutional law that was previously unavailable” since the defendant included a Johnson claim in his first § 2255, which were procedurally defaulted.

United States v. Jason Phifer (11th Cir. September 2018)

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.

Atlanta Oncology Practice to Pay $4 Million for Overbilling Medicare

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 …

Atlanta Oncology Practice to Pay $4 Million for Overbilling Medicare Read More »

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