United States v. Richard Lester Klecker

OPINION

WILKINS, Chief Judge:

Richard Lester Klecker was convicted of two offenses involving distribution of 5-methoxy-N,N-diisopropyltryptamine (commonly called “Foxy”). Athough Foxy was not listed as a controlled substance when the offenses occurred, the Government alleged that Foxy was an analogue of diethyltryptamine (DET), a schedule I controlled substance, and that Klecker’s activities were therefore unlawful under the Controlled Substance Analogue Enforcement Act of 1986 (“Analogue Act”), see 21 U.S.C.A. §§ 802(32), 813 (West 1999 & Supp.2003). 1 Klecker maintains that the Analogue Act…