United States v. Karl Hofstatter (92-1836) and Michael Griffor (92-1805)

Under 21 U.S.C. § 841(d)(1), it is a criminal offense knowingly or intentionally to possess a “listed” chemical with intent to manufacture a controlled substance. Under 21 U.S.C. § 813, as enacted in the Controlled Substance Analogue Enforcement Act of 1986, a “controlled substance analogue” is treated as a controlled substance to the extent that it is intended for human consumption.

The defendants in the case at bar were found guilty of possessing and conspiring to possess the chemicals ephedrine and phenyl-propanolamine — “listed precursor chemicals” under 21 U.S.C. § 802(34)(C) and (I) —…