Lee v. United States

Issue: (1) Whether a non-physician may be convicted of conspiring with a physician to prescribe controlled substances outside of the course of professional practice under 21 U.S.C. § 841(a) without regard to the non-physicians understanding that the physician believed their prescribing to be within the usual course of professional medical practice; (2) whether a federal court must grant a motion for judgment of acquittal when, after construing the evidence in the light most favorable to the government and considering both exculpatory and inculpatory inferences, the evidence of guilt and innocence is in equipoise; and (3) whether the circuit court erred in failing to address a recent U.S. Court of Appeals for the 5th Circuit case raised in the context of a Federal Rule of Appellate Procedure 28(j) letter that is dispositive of appellate issues raised with the circuit court.