123485P.pdf   04/30/2013  United States  v.  James Tebeau
   U.S. Court of Appeals Case No:  12-3485
   U.S. District Court for the Eastern District of Missouri - Cape Girardeau   
   [PUBLISHED] [Murphy, Author, with Wollman and Beam, Circuit Judges]
   Criminal case - Criminal law. District court did not err in determining
   that defendant, the owner of property he used for music festivals, may be
   indicted under 21 U.S.C. Sec. 856(a)(2) for making a property available
   for drug distribution without any further illegal purpose ; the statute does
   not require proof that defendant had the illegal purpose to use,
   manufacture, sell or distribute a controlled substance, as it is sufficient
   that he intended to make his property available to others who had that
   purpose; this interpretation of the statute does not violate the Fifth
   Amendment due process clause or defendant's First Amendment rights;
   indictment satisfied the requirements of Fed. R. Crim. P. 7(c).