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Criminal Law Keyed to Abrams
McFadden v. United States
Citation:135 S.Ct. 2298, 192 L.Ed.2d 260 (2015)
McFadden (Defendant) was convicted of eight counts of distribution of controlled substance analogues and one count of conspiracy. He argued that he did not know the substances he was distributing were regulated as controlled substances under the Analogue Act. The district court agreed to instruct the jury to find that McFadden knowingly distribute a substance that has substantially similar effects on the nervous system as a controlled substance and intended for the substance to be consumed by humans. The jury convicted McFadden. On appeal, he challenged the judge’s refusal to instruct the jury to find that McFadden knew that the substances were regulated as analogues to controlled substances.
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Topic OutlineElements of a Crime