United States v. Vance Murphy, D/B/A the Store Linda Wallace, D/B/A the Store

BRORBY, Circuit Judge.

The government appeals from the district court’s order dismissing a twelve-count indictment charging violation of the Mail Order Drug Paraphernalia Control Act, 21 U.S.C. § 857. 1 Judge J. Thomas Greene of the United States District Court for the Central Division of Utah summarily dismissed the indictment against Defendants Vance Murphy and Linda Wallace on grounds that 21 U.S.C. § 857 is “unconstitutionally vague and that the statute does not provide a scienter or intent requirement as required by the Constitution of the United States.” To the contrary, we conclude §…