United States v. Douglas Lauren Marsh and Kathleen Renee Marsh

Douglas and Kathleen Marsh appeal their jury convictions of conspiracy to manufacture 4-methylaminorex (2-amino-4-methyl-5-phenyl-2-oxazoline), also known as, “euphoria”, a schedule I controlled substance, see 21 C.F.R. § 1308.11 (g)(5), in violation of 21 U.S.C. § 846 . Douglas also appeals his conviction for attempt to manufacture euphoria. We affirm.

FACTS AND PROCEEDINGS

On March 27, 1987, the Gainesville, Florida police executed a warrant for the arrest of Douglas Marsh at his residence. When the police executed the warrant, not only Douglas, but Kathleen Parker, who later married Douglas, was also present. After the arrest the police decided to obtain a search warrant. One officer told Kathleen that the residence would be secured and that she could either stay or leave. Also, that if she left she could take nothing that would be the object of a search. Kathleen nevertheless attempted to leave with a searchable item, a purse. A police officer thwarted this attempt and searched Kathleen’s purse. That search uncovered a ledger with information about euphoria transactions.

After the search warrant arrived, officers seized from the residence a letter from Douglas which stated:…