032634P.pdf   05/07/2004  United States  v.  Ali Ahmed Sheikh
   U.S. Court of Appeals Case No:  03-2634
   District of South Dakota   
   Criminal case - criminal law. District court did not err in applying the 
   factors in U.S. v. Griffin, 922 F.2d 1343 (8th Cir. 1990) to determine 
   defendant was not in custody when he made his incriminating statements 
   and that they were admissible; defendant's limited English speaking 
   abilities did not outweigh the Griffin factors indicating the interrogation 
   was non-custodial; evidence was sufficient to show defendant was 
   involved in a conspiracy to distribute a controlled substance - khat - and 
   that he possessed khat with intent to distribute and used an interstate 
   communication facility - Federal Express - to facilitate the distribution; 
   failure of the Controlled Substance Act to list khat did not deny defendant 
   fair warning or violate his right to due process and defendant's void-for- 
   vagueness challenge is rejected. [PUBLISHED] [Riley, Author]