Legal Opinion
Kenneth M. Baker v. United States
Court of Appeals for the Ninth Circuit
Decided May 8, 1991No. 90-15009PublishedCited by 9 opinions
1Opinion of the Court
BOOCHEVER, Circuit Judge:
OVERVIEW
After a plea of nolo contendere, Baker was convicted of misbranding certain drugs, in violation of the Federal Food, Drug, and Cosmetic Act (FDCA). He moved to vacate his sentence under 28 U.S.C. § 2255, for lack of federal jurisdiction, arguing that the transactions set out in the information charging him were wholly intrastate in nature. The district court found a sufficient nexus to interstate commerce. We AFFIRM.
BACKGROUND
Baker manufactured a drug that was sold as synthetic heroin. As sold, the package contained no labels identifying the drug, its effects,…
2Cases cited9 opinions
- Kordel v. United StatesSupreme Court of the United States · 1948
- United States v. Article of Drug . . . Bacto-UnidiskSupreme Court of the United States · 1969
- United States v. Generix Drug Corp.Supreme Court of the United States · 1983
- United States v. Cassaro, Inc., and Salvatore CassaroCourt of Appeals for the First Circuit · 1971
- United States v. Dianovin Pharmaceuticals, Inc.Court of Appeals for the First Circuit · 1973
4 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- UNITED STATES of America, Plaintiff-Appellee, v. Darlene SPAN; Jerry Span, Defendants-AppellantsCourt of Appeals for the Ninth Circuit · 1996
- United States v. Jack Watkins, United States of America v. Cap Tab Nutritional Formulating and Manufacturing Inc.Court of Appeals for the Ninth Circuit · 2002
- United States v. Regenerative Sciences, LLCCourt of Appeals for the D.C. Circuit · 2014
- United States v. Regenerative Sciences, LLCDistrict Court, District of Columbia · 2012
- United States v. California Stem Cell Treatment Center, Inc.Court of Appeals for the Ninth Circuit · 2024
4 more not listed; retrieve them via the Exa API.