Legal Opinion

United States v. James A. Bradshaw

Court of Appeals for the Eleventh Circuit

Decided March 25, 1988No. 86-6019PublishedCited by 25 opinions

1Opinion of the Court

ANDERSON, Circuit Judge:

The appellant, James Bradshaw, appeals his conviction for violating the Federal Food, Drug, and Cosmetic Act (the “FDC Act” or the “Act”). 21 U.S.C. §§ 301-392. The various acts that constitute criminal violations of the FDC Act are set forth in 21 U.S.C. § 331. All of these violations are misdemeanors regardless of the violator’s intent. 21 U.S.C. § 333(a). A violation of the Act becomes a felony if it is a second offense or if it is committed with “intent to defraud or mislead.” 21 U.S.C. § 333(b). The principal issue on this appeal is whether the intent requirement…

2Cases cited11 opinions

  1. Larry Bonner v. City of Prichard, AlabamaCourt of Appeals for the Eleventh Circuit · 1981
  2. United States v. RabinowitzSupreme Court of the United States · 1950
  3. McNally v. United StatesSupreme Court of the United States · 1987
  4. Greyhound Corp. v. Mt. Hood Stages, Inc.Supreme Court of the United States · 1978
  5. United States v. Joe E. GrissomCourt of Appeals for the Fifth Circuit · 1981

6 more not listed; retrieve them via the Exa API.

3Cited by25 opinions

  1. United States v. Moshe MilsteinCourt of Appeals for the Second Circuit · 2005
  2. United States v. Billy Lee ArlenCourt of Appeals for the Fifth Circuit · 1991
  3. United States v. Joann MitcheltreeCourt of Appeals for the Tenth Circuit · 1991
  4. United States v. Shontay DessartCourt of Appeals for the Seventh Circuit · 2016
  5. United States v. James T. KimballCourt of Appeals for the Eleventh Circuit · 2002

20 more not listed; retrieve them via the Exa API.

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