Sil

MEMORANDUM **

We affirm David E. SiTs conviction for offering for sale drug paraphernalia in violation of 21 U.S.C. § 863 . Our decision in United States v. Sandsness, 988 F.2d 970 (9th Cir.1993), forecloses Sil’s argument that § 863 is unconstitutionally vague on its face. Id. at 971 (rejecting the vagueness argument because “[§ 863] clearly has a core”). Similarly, because Sil’s business was substantially devoted to the sale of products that clearly constituted drug paraphernalia, we cannot say that § 863 is unconstitutionally vague as applied to the facts of this case. See Posters ‘N’ Things, Ltd. v. United States, 511 U.S. 513, 515, 526 , 114 S.Ct. 1747 , 128 L.Ed.2d 539 (1994) (holding statute was not unconstitutionally vague as applied to defendant’s case when defendant operated a “full-scale head shop,” selling items such as “pipes, bongs, scales, roach clips, and drug diluents including mannital and inositol” (footnotes omitted)).

The district court properly denied Sil’s motion for acquittal under Federal Rule of Criminal Procedure 29 because the government charged Sil individually and because the government proved that Sil, in his capacity as manager of The Vault,…