Legal Opinion
United States v. Phifer
Court of Appeals for the Eleventh Circuit
Decided September 21, 2018No. 17-10397PublishedCited by 25 opinions
1Opinion of the Court
ROSENBAUM, Circuit Judge:
There's no easy way around it. We're just going to have to science the heck out of this case.1 And when we're done with that, we're going to have to law the heck out of it.
*375Defendant-Appellant Jason Alexander Phifer was convicted of possession with intent to distribute a controlled substance, in violation of 21 U.S.C. § 841(a)(1) and 21 U.S.C. § 841(b)(1)(C). The substance involved was ethylone.
But as it turns out, ethylone constitutes a controlled substance-and Phifer was therefore convicted of an existing crime-only if ethylone is a "positional isomer" of butylone.…
2Cases cited23 opinions
- Daubert v. Merrell Dow Pharmaceuticals, Inc.Supreme Court of the United States · 1993
- Larry Bonner v. City of Prichard, AlabamaCourt of Appeals for the Eleventh Circuit · 1981
- Kumho Tire Co. v. CarmichaelSupreme Court of the United States · 1999
- Alleyne v. United StatesSupreme Court of the United States · 2013
- Auer v. RobbinsSupreme Court of the United States · 1997
18 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- United States v. Julian GarconCourt of Appeals for the Eleventh Circuit · 2022
- United States v. Matthew Bryan CaniffCourt of Appeals for the Eleventh Circuit · 2020
- United States v. MinterCourt of Appeals for the Second Circuit · 2023
- United States v. Maurice OwenCourt of Appeals for the Eighth Circuit · 2022
- Everton Daye v. U.S. Attorney GeneralCourt of Appeals for the Eleventh Circuit · 2022
20 more not listed; retrieve them via the Exa API.