United States v. Gail M. Levine

HOLLOWAY, Circuit Judge.

Defendant Gail M. Levine was convicted pursuant to 18 U.S.C. § 1365(b) of one count of tainting a consumer product with intent to cause serious injury to the business of any person where the consumer product affects interstate or foreign commerce. She appeals that conviction. Jurisdiction in the district court was conferred by 18 U.S.C. § 3231. We exercise jurisdiction pursuant to 28 U.S.C. § 1291 and reverse.. I

On July 8, 1993, Levine was charged by indictment with twenty-four violations of law, including one count of tampering with a can of Diet Pepsi in violation of…