United States v. Jae Gab Kim, United States of America v. John Edward Stoll
Opinion
Opinion
Noonan, J.
These two cases present in different facts the same issue, namely whether an indictment of a licensed pharmacist for illegal distribution of a named drug must contain an allegation that the pharmacist knew that the drug would be used to manufacture a drug outside the scope of his authority as a licensed pharmacist. The district court read circuit precedent to require such an allegation and, on finding the allegation missing, dismissed the indictment in Kim’s case and dismissed the indictment and vacated the conviction in Stoll’s case.
These appeals by the government followed. Differing from the district court in our reading of the relevant cases, we reverse and remand.
PROCEEDINGS
On February 25, 2000, John Edward Stoll was charged in a one-paragraph indictment with “knowingly and intentionally possessing] pseudoephedrine, a listed chemical, knowing and having reasonable cause to believe that the pseudoephedrine would be used to manufacture a controlled substance, namely methamphetamine, a Schedule II controlled substance.” The caption of the indictment read: “21 U.S.C. § 841(d)(2), § 802(33) and (34)00: Illegal Possession of a Listed Chemical.”