United States Ninth Circuit

A conviction of a proprietor of a small pharmacy for selling cold remedies containing pseudoephedrine in violation of 21 U.S.C. section 841(c)(2) is affirmed over a vagueness challenge to the statute of conviction since the statute has a sufficiently clear mens rea provision.

Appellate Information

• Argued 03/06/2006
• Decided 04/10/2006
• Published 04/10/2006

Judges

• Before M. MARGARET McKEOWN and MARSHA S. BERZON, Circuit Judges, and SAMUEL P. KING, Senior Judge.

Court

• United States Ninth Circuit

Counsel

• For Appellees:
  
• William J. Genego, Esq., Santa Monica, CA, argued the case and was on the briefs for the defendant-appellant., Gregory A. Lesser, Assistant U.S. Attorney, Los Angeles, CA, argued the case and was on the briefs for the plaintiff-appellee;  Debra Wong Yang, U.S. Attorney and Thomas P. O'Brien, Assistant U.S. Attorney, Los Angeles, CA, were on the briefs for the plaintiff-appellee.