United States v. Micah Iverson Kelly

OPINION

TALLMAN, Circuit Judge:

Defendant-Appellant Micah Joel Ah-keem Iverson Kelly (“Kelly”) challenges the district court’s denial of his motion to dismiss the indictment charging him with distributing so-called “designer drugs.” Kelly entered a conditional plea of guilty to selling and possessing with the intent to sell over 446 grams of ethylone under the street name “Ecstasy.” On appeal, Kelly argues he preserved the following issues: (1) the Drug Enforcement Administration (“DEA”) violated the non-delegation doctrine by failing to comply with the Controlled Substances Act, as codified at…