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Government Failed to Prove That Defendant Used "Counterfeit Mark" on Containers of Allegedly Counterfeit Drugs

United States v. Xu, 599 F.3d 452 (5th Cir. 2010) (Smith, Garza, Clement)You may not find yourself handling many counterfeit drug cases, but there's still a broader lesson to be learned from Xu: even if there's a simple, straightforward way for the Government to establish an easily provable element of an offense, the Government can still screw it up. So keep on your toes.Xu was convicted at

Full post as published by Fifth Circuit Blog on August 16, 2010 (boomark / email).