United States Ninth Circuit

The district court's denial of a motion to dismiss an indictment charging two counts of tampering with a consumer product that affects interstate commerce or foreign commerce, or the labeling of, or container for, any such product, is affirmed, where the indictment, which specifically alleged that the defendant opened a box containing Fentanyl patches, removed the patches, and re-glued the box, sufficiently alleged tampering with the container for a consumer product in violation of 18 U.S.C. section 1365(a).

Appellate Information

• Decided 02/05/2014
• Published 02/05/2014

Judges

• BERZON

Court

• United States Ninth Circuit

Counsel