U.S. v. Brown

2 Citing briefs

  1. United States of America v. $2,200,000.00 U.S. Currency

    MOTION to Dismiss for Failure to State a Claim

    Filed July 18, 2013

    That is, for a substance to be an analogue, it must have a chemical structure that is substantially similar to a controlled substance and it must either have a substantially similar effect on the central nervous system or be represented or intended to have such an effect. United States v. Turcotte, 404 F.3d 515, 521-23 (7th Cir. 2005); United States v. Roberts, 363 F.3d 118, 121 (2d Cir. 2004); United States v. Klecker, 348 F.3d 69, 71 (4th Cir. 2003); United States v. Hodge, 321 F.3d 429, 433 (3d Cir. 2003); United States v. Washam, 312 F.3d 926, 930 n.2 (8th Cir. 2002); United States v. Brown, 279 F.Supp.2d 1238, 1240 (S.D. Ala. 2003); United States v. Vickery, 199 F.Supp.2d 1363, 1371 (N.D. Ga. 2002); United States v. Clifford, 197 F.Supp.2d 516, 5 19-20 (E.D. Va. 2002); United States v. Forbes, 806 F.Supp. 232, 235 (D. Colo. 1992). Cf. United States v. Fisher, 289 F.3d 1329, 1338 (11th Cir. 2002) (noting but declining to reach issue); United States v. Brown, 415 F. 3d 1257, 1261 (11th Cir. 2005)(assuming conjunctive interpretation).

  2. United States of America v. Assets Identified in Paragraph 1 of the Verified Complaint

    MOTION to Dismiss Amended Verified Complaint for Forfeiture in Rem or for a More Definite Statement

    Filed July 16, 2013

    That is, for a substance to be an analogue, it must have a chemical structure that is substantially similar to a controlled substance and it must either have a substantially similar effect on the central nervous system or be represented or intended to have such an effect. See United States v. Turcotte, 405 F.3d 515, 521-23 (7th Cir. 2005); United States v. Roberts, 363 F.3d 118, 121 (2d Cir. 2004); United States v. Klecker, 348 F.3d 69, 71 (4th Cir. 2003); United States v. Hodge, 321 F.3d 429, 433 (3d Cir. 2003); United States v. Washam, 312 F.3d 926, 930 n.2 (8th Cir. 2002); United States v. Brown, 279 F. Supp. 2d 1238, 1240 (S.D. Ala. 2003); United States v. Forbes, 806 F. Supp. 232, 235 (D. Colo. 1992). In addition, the mens rea from the underlying Section 841 offense carries over to violations of the analogue offense – to be guilty “the defendant must know that the substance at issue meets the definition of a controlled substance analogue.”