United States DC Circuit

21 U.S.C. section 971(c)(1), which authorizes the Agency to suspend importation of a listed chemical that may be diverted to the clandestine manufacture of a controlled substance, does not plainly cover the diversion of finished drug products such as plaintiff's ephedrine-containing pills, which could conceivably be sold to, or shoplifted by, people who will then use them to produce methamphetamine.

Appellate Information

• Argued 11/07/2003
• Decided 03/26/2004
• Published 03/26/2004

Judges

• Before:  RANDOLPH and ROBERTS, Circuit Judges, and WILLIAMS, Senior Circuit Judge.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Saul Pilchen argued the cause for petitioner.   With him on the briefs was Joseph L. Barloon.


• For Appellees:
  
• Mark T. Quinlivan, Senior Trial Counsel, U.S. Department of Justice, argued the cause for respondent.   With him on the brief was Roscoe C. Howard, Jr., U.S. Attorney.