September 28, 2021

News

News Network

Appellate Court Agrees with Government that Supervised Injection Sites are Illegal under Federal Law; Reverses District Court Ruling

6 min read
<div>In a precedential opinion, the Third Circuit ruled yesterday that it is a federal crime to open a supervised injection site or “consumption room” for illegal drug use.  Local nonprofit Safehouse planned to open the nation’s first such consumption room in the City of Philadelphia, where individuals would be invited to inject heroin and use other drugs under supervision.  But the Third Circuit ruled that doing so “will break the law” because Safehouse knows and intends that visitors to its consumption room will have a significant purpose of using illegal drugs.  In agreeing with the government’s interpretation of the Controlled Substances Act, the Court explained that, “[t]hough the opioid crisis may call for innovative solutions, local innovations may not break federal law.”</div>
In a precedential opinion, the Third Circuit ruled yesterday that it is a federal crime to open a supervised injection site or “consumption room” for illegal drug use.  Local nonprofit Safehouse planned to open the nation’s first such consumption room in the City of Philadelphia, where individuals would be invited to inject heroin and use other drugs under supervision.  But the Third Circuit ruled that doing so “will break the law” because Safehouse knows and intends that visitors to its consumption room will have a significant purpose of using illegal drugs.  In agreeing with the government’s interpretation of the Controlled Substances Act, the Court explained that, “[t]hough the opioid crisis may call for innovative solutions, local innovations may not break federal law.”

More from: January 13, 2021

News Network

  • Statement from Attorney General William P. Barr on the Resignation of Seattle Police Chief Carmen Best
    In Crime News
    Attorney General William P. Barr issued the following statement in response to the resignation of Seattle Police Chief Carmen Best:
    [Read More…]
  • Joint Communiqué by Ministers of the Global Coalition to Defeat ISIS
    In Crime Control and Security News
    Office of the [Read More…]
  • U.S. Special Envoy to Monitor and Combat Anti-Semitism Elan S. Carr On Recent Progress In the Fight Against Anti-Semitism
    In Crime Control and Security News
    Elan S. Carr, Special [Read More…]
  • Owner of Oil Chem Inc. Sentenced for Clean Water Act Violation
    In Crime News
    The president and owner of Oil Chem Inc. was sentenced today to 12 months in prison for violating the Clean Water Act stemming from illegal discharges of landfill leachate — totaling more than 47 million gallons — into the city of Flint sanitary sewer system over an eight and a half year period.
    [Read More…]
  • Federal Court Orders North Carolina Pharmacy, Pharmacy Owner, and Pharmacist-in-Charge to Pay More Than $1 Million and Stop Dispensing Opioids
    In Crime News
    A federal court in the Eastern District of North Carolina entered a consent judgment and injunction requiring a North Carolina pharmacy, Seashore Drugs Inc., its owner, John D. Waggett, and its pharmacist-in-charge, Billy W. King II, to pay $1,050,000.00 in civil penalties and to cease dispensing opioids or other controlled substances, the Department of Justice announced.
    [Read More…]
  • Secretary Antony J. Blinken with Osman Ayfarah of Al Jazeera
    In Crime Control and Security News
    Antony J. Blinken, [Read More…]
  • Secretary Antony J. Blinken and Mexican Secretary of Economy Tatiana Clouthier Before Their Meeting
    In Crime Control and Security News
    Antony J. Blinken, [Read More…]
  • Telecommunications: FCC Should Enhance Performance Goals and Measures for Its Program to Support Broadband Service in High-Cost Areas
    In U.S GAO News
    The Federal Communications Commission (FCC) has a program, known as the high-cost program, to promote broadband deployment in unserved areas. Although the performance goals for the high-cost program reflect principles in the Telecommunications Act of 1996, not all of the goals are expressed in a measurable or quantifiable manner and therefore do not align with leading practices. Furthermore, FCC's measures for its performance goals do not always align with leading practices, which call for measures to have linkage with the goal they measure and clarity, objectivity, and measurable targets, among other key attributes. For example, as shown below for two of FCC's five goals, GAO found that FCC's measures met most, but not all, of the key attributes. By establishing goals and measures that align with leading practices, FCC can improve the performance information it uses in its decision-making processes about how to allocate the program's finite resources. Leading practices also suggest that agencies publicly report on progress made toward performance goals. FCC does so, however, only in a limited fashion which may lead to stakeholder uncertainty about the program's effectiveness. Examples of FCC’s Performance Measures Compared with a Selection of Key Attributes of Successful Performance Measures According to stakeholders GAO interviewed, FCC faces three key challenges to accomplish its high-cost program performance goals: (1) accuracy of FCC's broadband deployment data, (2) broadband availability on tribal lands, and (3) maintaining existing fixed-voice infrastructure and attaining universal mobile service. For example, although FCC adopted a more precise method of collecting and verifying broadband availability data, stakeholders expressed concern the revised data would remain inaccurate if carriers continue to overstate broadband coverage for marketing and competitive reasons. Overstating coverage impairs FCC's efforts to promote universal voice and broadband since an area can become ineligible for high-cost support if a carrier reports that service already exists in that area. FCC has also taken actions to address the lack of broadband availability on tribal lands, such as making some spectrum available to tribes for wireless broadband in rural areas. However, tribal stakeholders told GAO that some tribes are unable to secure funding to deploy the infrastructure necessary to make use of spectrum for wireless broadband purposes. Millions of Americans do not have access to broadband. Within the Universal Service Fund, FCC's high-cost program provided about $5 billion in 2019 to telecommunications carriers to support broadband deployment in unserved areas where the cost to provide broadband service is high. In 2011, FCC established five performance goals and related measures for the high-cost program. GAO was asked to review the high-cost program's performance goals and measures. This report examines: (1) the extent to which the program's performance goals and measures align with leading practices to enable the effective use of performance information and (2) the key challenges selected stakeholders believe FCC faces in meeting the program's goals. GAO reviewed FCC's program goals and measures and assessed them against applicable criteria, including GAO's leading practices for successful performance measures. GAO interviewed FCC officials and representatives from industry, tribal carriers, consumer advocates, and other stakeholders, to obtain a variety of non-generalizable viewpoints. GAO is making four recommendations, including that FCC should ensure its high-cost program's performance goals and measures align with leading practices and publicly report on progress measured toward the goals. FCC concurred with all four recommendations. For more information, contact Andrew Von Ah at (202) 512-2834 or vonaha@gao.gov.
    [Read More…]
  • Florida Businesswoman Pleads Guilty to Criminal Health Care and Tax Fraud Charges and Agrees to $20.3 Million Civil False Claims Act Settlement
    In Crime News
    A Florida businesswoman has agreed to resolve criminal charges and civil claims arising out of false claims to the United States for braces and other durable medical equipment (DME), the Justice Department announced today.
    [Read More…]
  • Judiciary Calls for Passage of Security Legislation
    In U.S Courts
    The Judiciary implores Congress to pass the Daniel Anderl Judicial Security and Privacy Act of 2020 during the current lame duck session. The bipartisan bill if passed, would improve security at judges’ homes and at federal courthouses across the country.
    [Read More…]
  • Designation of Two Ansarallah Leaders in Yemen
    In Crime Control and Security News
    Antony J. Blinken, [Read More…]
  • Fifth Anniversary of the Arbitral Tribunal Ruling on the South China Sea
    In Crime Control and Security News
    Antony J. Blinken, [Read More…]
  • Two Doctors Charged in Illegal Opioid Distribution and Health Care Fraud Conspiracy
    In Crime News
    A federal grand jury in Kentucky returned an indictment Wednesday charging two doctors for their alleged involvement in conspiracies to illegally distribute opioids and commit health care fraud.
    [Read More…]
  • North Carolina Tax Preparer Charged with Conspiracy to Defraud the IRS and Aggravated Identity Theft
    In Crime News
    A federal grand jury in Durham, North Carolina, returned an indictment yesterday charging a tax preparer with conspiring to defraud the United States, preparing false tax returns, filing a false personal tax return, and committing aggravated identity theft, announced Acting Deputy Assistant Attorney General Stuart M. Goldberg of the Justice Department’s Tax Division and U.S. Attorney Matthew G.T. Martin for the Middle District of North Carolina.
    [Read More…]
  • Leader of ‘Atomwaffen’ Conspiracy Sentenced to Three Years in Prison for Threatening Journalists and Advocates
    In Crime News
    Cameron Shea, 25, a leader of the neo-Nazi group Atomwaffen Division, was sentenced today in the U.S. District Court for the Western District of Washington to three years in prison for federal conspiracy and hate crime charges for threatening journalists and advocates who worked to expose anti-Semitism, announced Acting U.S. Attorney Tessa M. Gorman. At the sentencing hearing, U.S. District Judge John C. Coughenour said, “This conduct cannot be tolerated. This kind of conduct has consequences…It is so serious that it requires a serious sentence.”
    [Read More…]
  • Naturalized U.S. Citizen from Ethiopia Arrested on Charge of Fraudulently Obtaining Citizenship
    In Crime News
    A Georgia man has been arrested on criminal charges related to allegations that he lied to obtain U.S. citizenship.
    [Read More…]
  • Peter Fay, One of Three Judges in Florida Who Served 50 Years, Dies at 92
    In U.S Courts
    Peter T. Fay, one of three federal judges from Florida who each served more than 50 years after being confirmed the same day in 1970, died Sunday in Miami at the age of 92.
    [Read More…]
  • COVID-19: DOD Has Focused on Strategy and Oversight to Protect Military Servicemember Health
    In U.S GAO News
    What GAO Found Since January 2020, the Department of Defense (DOD) has developed a strategy to protect the health of military servicemembers from COVID-19, with a goal of minimizing risks while continuing operations. The strategy tailors protection measures to local conditions and risks to health and force readiness. GAO found that DOD's strategy applies several key considerations. DOD Application of Key Considerations to Protect Servicemembers from COVID-19 DOD officials oversee the implementation of the department's COVID-19 health protection strategy for servicemembers through: Sustained leadership attention. In January 2020, the Secretary of Defense initiated COVID-19 planning and established a senior task force to oversee the response. Combatant command and installation officials continuously evaluate regional and local implementation and perform compliance checks. Notwithstanding these efforts, DOD officials stated that they expect some limited incidents of personnel not following protocols. Data monitoring. Senior leaders and local commanders assess data on cases, community spread, and testing, among other metrics, to inform strategy implementation and assess its effectiveness. Lessons learned analyses. While these analyses are ongoing as the pandemic continues, DOD has implemented mitigations to address some challenges identified, such as a new system to collect more timely and specific COVID-19 case data. DOD has research and development projects underway to advance COVID-19 vaccines and therapeutics and improve detection methods. DOD's investments include many projects that have specific applications for servicemembers, such as pre- and postexposure prophylactic treatments to prevent the onset of the disease. Why GAO Did This Study The COVID-19 pandemic poses risks to the health of U.S. servicemembers. Protecting forces from COVID-19 is therefore essential to DOD's ability to defend the United States, maintain warfighting readiness, and support the whole-of-government response to the pandemic. To help facilitate the COVID-19 pandemic response, Congress appropriated about $10.5 billion to DOD through the CARES Act. The CARES Act includes a provision for GAO to report on its ongoing monitoring and oversight related to the pandemic. GAO was also asked to examine the military health system response to COVID-19. This report examines, in regard to COVID-19, DOD's (1) strategy for protecting military servicemember health, (2) oversight of its strategy, and (3) research and development projects for vaccines, therapeutics, and testing. GAO reviewed guidance and plans for health protection and pandemic response that comprise DOD's strategy, and evaluated alignment of the strategy with key considerations from prior GAO work on pandemic preparedness. To identify oversight efforts, GAO reviewed DOD briefings on the progress of health protection measures, and analyzed 2020 DOD data on COVID-19 cases, hospitalizations, and testing. GAO also interviewed DOD leaders, officials from the military department medical organizations, combatant commands, and four military medical treatment facilities selected on the basis of military department and location. For more information, contact Brenda S. Farrell at (202) 512-3604 or farrellb@gao.gov.
    [Read More…]
  • Two Texas Men Plead Guilty in Odometer Fraud Scheme
    In Crime News
    Two Texas men pleaded guilty today to for their roles in an odometer tampering scheme.
    [Read More…]
  • Secretary Pompeo to Host [pre-recorded] Virtual Conference on Combatting Online Anti-Semitism
    In Crime Control and Security News
    Office of the [Read More…]
Network News © 2005 Area.Control.Network™ All rights reserved.