[DOWNLOAD] "Cranston v. United States Drug Enforcement Administration" by Sixth Circuit U.S. Court of Appeals ~ Book PDF Kindle ePub Free

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eBook details

• Title: Cranston v. United States Drug Enforcement Administration
• Author : Sixth Circuit U.S. Court of Appeals
• Release Date : January 10, 1994
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 66 KB

Description

Order Petitioner seeks review of the decision of the United States Drug Enforcement Administration (the ""DEA"") revoking his certification to prescribe or dispense controlled substances. He moves for a stay of the implementation of the decision pending appeal. The DEA opposes the motion for a stay and moves to dismiss the appeal for lack of jurisdiction. Petitioner responds in opposition to the motion to dismiss. On July 19, 1994, the DEA published in the Federal Register the decision revoking petitioner's certification of registration. The decision was made effective August 18, 1994. Petitioner filed his petition for review in this court on September 8, 1994. The time for filing a petition for review of an agency decision is governed by Rule 15(a), Fed. R. App. P., which provides that such petitions must be filed ""within the time prescribed by law."" Pursuant to 21 U.S.C. § 877, the petition for review of the DEA decision was required to be filed with the court ""within thirty days after notice of the decision."" The publication of the DEA decision in the Federal Register constituted notice of the decision within the meaning of 21 U.S.C. § 877. Nutt v. Drug Enforcement Administration, 916 F.2d 202, 203 (5th Cir. 1990). The petition for review was not filed within thirty days of the July 19, 1994, publication and, consequently, the court lacks jurisdiction.

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