United States v. Ketchen

STAHL, Circuit Judge.

Alan Ketchen appeals from an order denying his motion to withdraw his guilty plea for conspiracy to distribute 3,4-Me-thylenedioxypyrovalerone (MDPV), also known as “bath salts,” and for maintaining a drug-involved residence. Ketchen claims his guilty plea was not knowing and voluntary because the district court did not sufficiently apprise him of the necessary scienter for a conviction under the Controlled Substance Analogue Enforcement Act of 1986 (“Analogue Act”), '21 U.S.C. § 802(32)(A). Ketchen largely bases his argument on the Supreme Court’s decision in McFadden v.…