DISCLAIMER:  The following unofficial case summaries are prepared by the clerk's office
                        as a courtesy to the reader. They are not part of the opinion of the court.

023814P.pdf   06/18/2003  USA  v.  Michael Len Orchard
   U.S. Court of Appeals Case No:  02-3814
                          and No:  02-3985
   District of South Dakota   
   Criminal case - criminal law. Constitutional challenge to drug 
   analogue statute - 21 U.S.C. Sec. 802(32) - on the ground the 
   section is unconstitutionally vague is rejected; upward departures 
   based on obstruction of justice, abuse of the victim's trust, 
   psychological injury to victim of date rape drug incident, and 
   use of the drug to facilitate a sex offense were all justified by 
   the facts of the case.