Damian J. Smith v. United States

Opinion for the court by Senior Judge Ferren.

Concurring opinion by Senior Judge Ferren at page 902.

Ferren, Senior Judge:

Appellant, Damian Smith, was convicted of possession with intent to distribute a schedule I controlled substance,1 “3-4 me-thylenedioxypyrovalerone” (MDPV), commonly known as “Bath Salts.” He appeals his conviction, arguing for reversal on two grounds: (1) the government failed to preserve physical evidence material to the defense and discoverable pursuant to Super Ct. Crim. R. 16 (a)(1)(C); and (2) there was insufficient evidence to justify Smith’s intention to distribute…