§Why CasetextPricing

USA v. FedEx Corporation et al

MOTION to Dismiss the Superseding Indictment

92 Cited authorities

  1. United States v. Mead Corp.

    533 U.S. 218 (2001)   Cited 2,600 times   30 Legal Analyses
    Holding that a Customs classification ruling "has no claim to judicial deference under Chevron " but can "claim respect according to its persuasiveness"

  2. United States v. Lanier

    520 U.S. 259 (1997)   Cited 2,411 times   4 Legal Analyses
    Holding that courts should look to prior judicial decisions interpreting a statute in considering whether it is vague

  3. Kolender v. Lawson

    461 U.S. 352 (1983)   Cited 3,050 times   7 Legal Analyses
    Holding state misdemeanor statute unconstitutionally vague within the meaning of the Due Process Clause

  4. Grayned v. City of Rockford

    408 U.S. 104 (1972)   Cited 4,729 times   6 Legal Analyses
    Holding that a statute's words, even when "marked by flexibility and reasonable breadth, rather than meticulous specificity," are clear based on "what the ordinance as a whole prohibits"

  5. Gonzales v. Raich

    545 U.S. 1 (2005)   Cited 1,147 times   46 Legal Analyses
    Holding that because “Congress had a rational basis” for concluding that a statute implements Commerce Clause power, the statute falls within the scope of congressional “authority to ‘make all Laws which shall be necessary and proper’ to ‘regulate Commerce ... among the several States' ”

  6. Salinas v. United States

    522 U.S. 52 (1997)   Cited 1,212 times   11 Legal Analyses
    Holding that the canon of construction requiring a clear statement to alter the federal-state balance of criminal jurisdiction "does not warrant a departure from terms" where the statute's "text . . . is unambiguous on the point under consideration"

  7. Marks v. United States

    430 U.S. 188 (1977)   Cited 2,105 times   31 Legal Analyses
    Holding that due process is violated if the trial court instructs the jury based on the current interpretation of a statute, rather than the interpretation that controlled at the time of the allegedly criminal acts

  8. Dolan v. Postal Service

    546 U.S. 481 (2006)   Cited 639 times   2 Legal Analyses
    Holding that "negligent transmission" of postal matter "does not comprehend all negligence occurring in the course of mail delivery"

  9. Garcia v. San Antonio Metro. Transit Auth

    469 U.S. 528 (1985)   Cited 980 times   5 Legal Analyses
    Holding that local governments are not constitutionally immune from federal employment laws, and overruling National League of Cities v. Usery , 426 U.S. 833, 96 S.Ct. 2465, 49 L.Ed.2d 245, after "eight years" of experience under that regime showed Usery ’s standard was unworkable and, in practice, undermined the federalism principles the decision sought to protect

  10. Powerex v. Reliant Energy Services

    551 U.S. 224 (2007)   Cited 392 times   2 Legal Analyses
    Holding that review of a district court's characterization of the basis of its remand order "should be limited to confirming that that characterization was colorable"

  11. Section 1983 - Civil action for deprivation of rights

    42 U.S.C. § 1983   Cited 490,094 times   693 Legal Analyses
    Holding liable any state actor who "subjects, or causes [a person] to be subjected" to a constitutional violation

  12. Section 841 - Prohibited acts A

    21 U.S.C. § 841   Cited 91,468 times   147 Legal Analyses
    In § 841 prosecutions, then, it is the fact that the doctor issued an unauthorized prescription that renders his or her conduct wrongful, not the fact of the dispensation itself.

  13. Section 846 - Attempt and conspiracy

    21 U.S.C. § 846   Cited 44,300 times   19 Legal Analyses
    Holding each conspirator responsible for the quantity of drugs distributed by the conspiracy

  14. Section 1956 - Laundering of monetary instruments

    18 U.S.C. § 1956   Cited 9,350 times   142 Legal Analyses
    Defining “specified unlawful activity” to include, inter alia, controlled substance violations, murder, bribery, smuggling, various forms of fraud, concealment of assets, various environmental offenses, and health care offenses

  15. Section 801 - Congressional findings and declarations: controlled substances

    21 U.S.C. § 801   Cited 7,296 times   77 Legal Analyses
    Finding that to effectively control interstate traffic in illegal drugs it is necessary to control intrastate possession of and traffic in those substances

  16. Section 242 - Deprivation of rights under color of law

    18 U.S.C. § 242   Cited 3,877 times   8 Legal Analyses
    Noting that "if bodily injury results from the acts committed in violation of this section," the defendant "shall be fined under this title or imprisoned not more than ten years, or both"

  17. Section 215 - Prohibited acts; prima facie evidence

    29 U.S.C. § 215   Cited 2,652 times   50 Legal Analyses
    Recognizing as a protected activity an individual's “testif[ying] ... in any such proceeding” “under or related to this chapter”

  18. Section 301 - Short title

    21 U.S.C. § 301   Cited 2,430 times   48 Legal Analyses

    This chapter may be cited as the Federal Food, Drug, and Cosmetic Act. 21 U.S.C. § 301 June 25, 1938, ch. 675, §1, 52 Stat. 1040. STATUTORY NOTES AND RELATED SUBSIDIARIES EFFECTIVE DATE; POSTPONEMENT IN CERTAIN CASES Act June 23, 1939, ch. 242, §§1, 2, 53 Stat. 853, 854, provided that:"[SEC. 1] (a) The effective date of the following provisions of the Federal Food, Drug, and Cosmetic Act is hereby postponed until January 1, 1940: Sections 402(c) [342(c) of this title]; 403(e)(1) [343(e)(1) of this

  19. Section 331 - Prohibited acts

    21 U.S.C. § 331   Cited 1,517 times   105 Legal Analyses
    Prohibiting the sale of adulterated foods

  20. Section 40101 - Policy

    49 U.S.C. § 40101   Cited 560 times   20 Legal Analyses
    Finding that "providing assistance to law enforcement agencies in the enforcement of laws related to regulation of controlled substances" is "in the public interest"

  21. Section 1.1 - General definitions

    14 C.F.R. § 1.1   Cited 125 times   10 Legal Analyses
    Defining “air carrier”

  22. Section 1300.01 - Definitions relating to controlled substances

    21 C.F.R. § 1300.01   Cited 41 times   1 Legal Analyses
    Defining "person"

  23. Section 1.1 - General

    21 C.F.R. § 1.1   Cited 3 times

    (a) The provisions of regulations promulgated under the Federal Food, Drug, and Cosmetic Act with respect to the doing of any act shall be applicable also to the causing of such act to be done. (b) The definitions and interpretations of terms contained in sections 201 and 900 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321 and 387 ) shall be applicable also to such terms when used in regulations promulgated under that act. (c) The definition of package in § 1.20 and of principal display