United States v. Steinschreiber

RYAN, Chief Judge.

Defendants SIDNEY STEINSCHREIBER, d/b/a SIDCAPS LABORATORIES and NORMAN CAPPEL have moved to dismiss the indictment for legal insufficiency in that the allegation that defendants unlawfully transported unlicensed “normal human plasma” does not charge a violation of the statute — Title 42 U.S.C. § 262(a) and (b); that if construed to charge such a violation the statute is unconstitutional for vagueness.

Counts 1-3 and 7 of the indictment, charge the defendant Sidney Steinschreiber with sending, carrying and bringing for sale of normal human plasma, a product analogous to a…