142986P.pdf   01/14/2016  United States  v.  James Robert Carlson
   U.S. Court of Appeals Case No:  14-2986
                          and No:  14-2987
                          and No:  14-3242
   U.S. District Court for the District of Minnesota - St. Paul   
   [PUBLISHED] [Murphy, Author, with Loken and Colloton, Circuit Judges] 
   Criminal case - Criminal law and sentencing. The Analogue Act is not 
   unconstitutionally vague - see McFadden v. United States, 135 S.Ct. 2298 
   (2015); the jury was properly instructed on the necessary elements for an 
   Analogue Act conviction; the evidence was sufficient for the jury to find 
   that the government had proved beyond a reasonable doubt that the 
   defendants knew that the items they sold had similar nervous system 
   effects to controlled substances, and the jury could then infer that the 
   defendants knew facts that the substances had a chemical structure similar 
   to controlled substances; as a result, the evidence was sufficient for the 
   jury to find the defendants knowingly violated the Act;no error in 
   permitting the government's expert to testify regarding the similar 
   chemical structures of the analogues and controlled substances; no error 
   in denying defendant's request to present an entrapment by estoppel 
   defense; no error in the jury instructions on defendants' Food Drug and 
   Cosmetic Act counts; evidence was sufficient to support defendant 
   Gellerman's conviction for violation of the Food Drug and Cosmetic Act; 
   evidence was sufficient to support defendant Carlson's conviction for 
   violating the Controlled Substances Act; no error in using a 1:167 THC 
   ratio for converting the synthetic drug quantities; no error in applying a 
   firearm enhancement under Guidelines Sec. 2D1.1(b)(1) where there was a 
   strong nexus between the drugs and defendant Carlson's possession of 
   firearms.