United States v. Stephen McFadden

Affirmed by published opinion. Judge KEENAN wrote the opinion, in which Chief Judge TRAXLER and Judge WILKINSON joined.

BARBARA MILANO KEENAN, Circuit Judge:

This appeal concerns a defendant’s convictions involving the sale of “designer drugs,” in violation of the Controlled Sub stance Analogue Enforcement Act of 1986 (the Act), 21 U.S.C. §§ 802(32)(A), 813. Stephen D. McFadden was convicted by a jury of nine charges stemming from his distribution of substances that the government alleged were prohibited by the Act. On appeal,. McFadden primarily asserts that the Act is unconstitutionally vague…