⚖ Oral Arguments, with Context

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USA v. Truong — 5th Cir. (Oct 6, 2026)

No. 25-20331 Argued October 6, 2026 Published October 6, 2026

A Houston pharmacist challenges convictions for unlawfully dispensing prescription painkillers. Hieu Truong worked at S and S Pharmacy, where prosecutors said forged prescriptions were used to obtain controlled drugs. His first trial in 2022 ended with an acquittal on conspiracy but convictions on three dispensing counts. Then the Supreme Court decided Ruan, addressing what prosecutors must prove about a medical practitioner's knowledge that the dispensing was unauthorized. The district court found that Truong's original jury instructions had not required that subjective mental state and ordered a new trial. He was convicted again after the retrial, and this appeal challenges both the evidence and the instructions given to that jury. The central dispute is whether he actually knew the prescriptions were unauthorized, not simply whether a reasonable pharmacist should have spotted warning signs. Beau Brindley represents Truong and will ask the court to overturn the convictions.

USA v. Truong (No. 25-20331) — U.S. Court of Appeals for the Fifth Circuit, argued October 6, 2026.

Sources
Argument audio — Fifth Circuit:https://www.ca5.uscourts.gov/OralArgRecordings/25/25-20331_10-06-2026.mp3
Argument date, case and counsel — official Fifth Circuit recording index:https://www.ca5.uscourts.gov/oral-argument-recordings/results?from=2026-08-01&to=2026-10-06
First trial and reason for retrial — May 2, 2024 district court order (judicial text mirror):https://www.casemine.com/judgement/us/6635bb8805f21143ce0517c4
Prosecution account and June 2024 retrial — Department of Justice:https://www.justice.gov/archives/opa/pr/pharmacist-convicted-unlawfully-dispensing-controlled-substances-retrial
Appeal and formal appearances — public docket mirror, No. 25-20331:https://dockets.justia.com/docket/circuit-courts/ca5/25-20331
Authorization and subjective knowledge — Supreme Court's Ruan opinion:https://www.supremecourt.gov/opinions/21pdf/20-1410_1an2.pdf
Controlled Substances Act — 21 U.S.C. § 841 (statute text mirror):https://www.law.cornell.edu/uscode/text/21/841

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