Kenneth M. Baker v. United States

Good Law
91 Daily Journal DAR 5374·932 F.2d 813·1991 WL 71442·1991 U.S. App. LEXIS 8653·91 Cal. Daily Op. Serv. 3377
United States Court of Appeals for the Ninth CircuitMay 8, 199190-15009California1,306 words

Opinion

Opinion

Boochever, J.

OVERVIEW

After a plea of nolo contendere, Baker was convicted of misbranding certain drugs, in violation of the Federal Food, Drug, and Cosmetic Act (FDCA). He moved to vacate his sentence under 28 U.S.C. § 2255 , for lack of federal jurisdiction, arguing that the transactions set out in the information charging him were wholly intrastate in nature. The district court found a sufficient nexus to interstate commerce. We AFFIRM.

BACKGROUND

Baker manufactured a drug that was sold as synthetic heroin. As sold, the package contained no labels identifying the drug, its effects, or the proper dosage. Baker and others entered a nolo plea to a seven-count superseding indictment charging them with violating 21 U.S.C. § 331 (k) as they

Baker was sentenced to three consecutive one-year terms on the first three counts, and a four-year term of probation in exchange for a suspended sentence on the remaining four counts. Under the plea agreement, Baker reserved his right to appeal the denial of his motion to dismiss for violations of the Speedy Trial Act, the exercise of which was ultimately unsuccessful.

Baker filed a “Petition for a Writ of Error Coram Nobis” in the district court which…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.