084004P.pdf   04/26/2010  United States  v.  Orlando Birbragher
   U.S. Court of Appeals Case No:  08-4004
   U. S. District Court for the Northern District of Iowa - Dubuque   
   [PUBLISHED] [Shepherd, Author, with Wollman and John R. Gibson,
   Circuit Judges]
   Criminal case - Criminal law and Sentencing. Constitutional challenge
   to the Controlled Substances Act rejected as the Act was not
   unconstitutionally vague as applied to defendant's conduct in operating
   an internet pharmacy; it is well settled that the section applied to
   defendant as the owner and operator of a company involved in a
   conspiracy with doctors and pharmacists to distribute controlled
   substances outside the scope of their professional practice; statute
   provided adequate notice that defendant's conduct was prohibited;
   passage of Online Pharmacy Act did not change the analysis; defendant
   waived his right to appeal his sentence, and that portion of the appeal is
   dismissed.