United States v. Kelly

The Ninth Circuit affirmed defendant's conviction for selling and possessing with the intent to sell over 446 grams of ethylone. The panel held that the DEA properly exercised its limited powers as defined by Congress to temporarily list butylone and its isomers, including ethylone; defendant had public notice that distributing Ecstasy in the form of ethylone could result in criminal sanctions; the rule of lenity did not apply in defendant's case; the DEA's decision to temporarily schedule ethylone was authorized pursuant to its temporary scheduling power and a clear directive from Congress; and defendant's plea agreement clearly and unambiguously waived his right to appeal the very sentencing issue he raised. Accordingly, the court dismissed defendant's motion to dismiss the indictment, affirmed the conviction, and dismissed defendant's challenge to his sentence. View "United States v. Kelly" on Justia Law