United States Eighth Circuit

The federal Analogue Act, which defines a controlled substance analogue, does not lend itself to arbitrary enforcement, and is not void for vagueness. A conviction for drug-related, identity theft, and access device fraud offenses is affirmed over claims of error regarding: 1) the constitutionality of the federal Analogue Act; 2) admission of evidence; 3) jury instructions; and 4) the trial court's allegedly prejudicial questioning of a government witness.

Appellate Information

• Decided 02/27/2007
• Published 02/27/2007

Judges

• BENTON, Circuit Judge., Before MURPHY, ARNOLD, and BENTON, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• James A. Eirinberg, Sioux Falls, South Dakota, for appellant.


• For Appellees:
  
• Kathryn E. Ford, Assitant U.S. Attorney, Sioux Falls, South Dakota (Marty J. Jackley, on the brief), for appellee.