United States Eighth Circuit

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US v. Birbragher, 08-4004

Defendant's drug conspiracy conviction and sentence are affirmed where: 1) it was well settled that 18 U.S.C. section 841 applied to defendant, as the owner and operator of a company involved in an alleged conspiracy with doctors and pharmacists to distribute controlled substances outside the scope of their professional practice; 2) the Controlled Substances Act, as it existed when defendant engaged in the conduct alleged in the indictment, was not unconstitutionally vague as applied to defendant's ownership and operation of his company; and 3) the court enforced defendant's waiver of his right to appeal and declined to address the merits of his claim.

Appellate Information

  • Submitted 11/20/2009
  • Decided 04/26/2010
  • Published 04/26/2010


  • SHEPHERD, Circuit Judge., Before WOLLMAN, JOHN R. GIBSON, and SHEPHERD, Circuit Judges.


  • United States Eighth Circuit


  • For Appellant:
  • Alfredo G. Parrish, argued, Des Moines, IA, for appellant.

  • For Appellees:
  • Stephanie M. Rose, AUSA, argued, Cedar Rapids, IA, for appellee.