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.
181365P.pdf 03/06/2019 United States v. Mark Palmer
U.S. Court of Appeals Case No: 18-1365
and No: 18-1367
U.S. District Court for the Eastern District of Missouri - St. Louis
[PUBLISHED] [Wollman, Author, with Gruender and Shepherd, Circuit Judges]
Criminal case - Criminal law. The Controlled Substance Analogue
Enforcement Act is not unconstitutionally vague, and the district court
did not err in denying defendants' motion to dismiss the indictment on
this ground; the statute's "knowingly or intentionally" scienter
requirement alleviates vagueness concerns by narrowing the scope of its
prohibition and limiting prosecutorial discretion; as-applied challenge to
the Act's constitutionality rejected; indictment alleged sufficient facts
to show defendant Palmer's knowledge that his conduct violated the Act.