United States v. Palmer

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The Controlled Substance Analogue Enforcement Act is not unconstitutionally vague where the statute's "knowingly or intentionally" scienter requirement alleviates vagueness concerns by narrowing the scope of its prohibition, and limiting prosecutorial discretion.The Eighth Circuit affirmed Defendant Palmer and Leinicke's convictions for several conspiracy crimes related to their participation in a conspiracy to distribute synthetic narcotics. The court declined to apply the categorical approach and held that defendants failed to show that the Act was unconstitutionally vague as applied to them. Finally, the court held that the indictment alleged sufficient facts to show Palmer's knowledge that his conduct violated the Act. View "United States v. Palmer" on Justia Law