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Tenth Circuit Decisions

By Shari Allison

A few 10th Circuit cases:U.S. v. Shurtz, 2007 WL 4418180 (12/19/07)(Published) - Another imaginative defense argument bites the dust. The defendant argued 21 CFR § 1038.12(d) required the government to prove the meth he possessed was of sufficient quantity to have a stimulant effect on the central nervous system. That provision lists as Schedule II controlled substances: "any material, compound, ... which contains any quantity of the following substances having a stimulant effect on the central nervous system." It then lists meth, among other substances. The 10th held that the "any quantity ... having a stimulant effect ..." phrase was descriptive, not limiting. The 10th reasoned that when Congress intended the quantity to be dispositive it indicated so unequivocally...continue to full post

Full post as published by Tenth Circuit Blog on January 02, 2008 (boomark / email).