United States v. Jae Gab Kim

443 F.3d 1143 UNITED STATES of America, Plaintiff-Appellee, v. Jae Gab KIM, Defendant-Appellant. No. 05-50112. United States Court of Appeals, Ninth Circuit. Argued and Submitted March 6, 2006. Filed April 10, 2006. William J. Genego, Esq., Santa Monica, CA, argued the case and was on the briefs for the defendant-appellant. Gregory A. Lesser, Assistant U.S. Attorney, Los Angeles, CA, argued the case and was on the briefs for the plaintiff-appellee; Debra Wong Yang, U.S. Attorney and Thomas P. O'Brien, Assistant U.S. Attorney, Los Angeles, CA, were on the briefs for the plaintiff-appellee. Appeal from the United States District Court for the Central District of California Robert J. Timlin, Senior Judge, Presiding. D.C. No. CR-01-00024-RT. Before: McKEOWN and BERZON, Circuit Judges, and SAMUEL P. KING, * Senior Judge. BERZON, Circuit Judge. 1 Pseudoephedrine, a "listed chemical" under a federal drug statute, 21 U.S.C. § 802 (33) & (34)(K), is an ingredient in many over-the-counter cold medications. It can also be used to manufacture methamphetamine, a controlled substance under 21 U.S.C. § 812 . Both the United States and California have statutes prohibiting…