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defendantstatuteappealseizuregrand jury
defendantappealgrand jury

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U.S. v. Schneiderman, 968 F.2d 1564, 61 USLW 2079

Facts

On August 22, 1990, the government executed search warrants at the offices of Insertion Advertising and Central City Restaurant Supply Co., as well as the apartment of their owner, Jerry Schneiderman, based on probable cause of violations of drug paraphernalia and money laundering laws. The search resulted in the seizure of various dual-purpose objects, including rolling papers and stash cans, which, while not illegal themselves, can be used in illegal activities. A grand jury subsequently indicted the defendants on multiple counts related to the sale of drug paraphernalia and money laundering.

On October 5, 1990, a grand jury returned a fourteen-count indictment against the defendants.

Issue

Whether the Mail Order Drug Paraphernalia Control Act, 21 U.S.C. § 857, is unconstitutionally vague and whether it requires a scienter element.

The government challenges the determination that § 857 is unconstitutionally vague.

Rule

The Mail Order Drug Paraphernalia Control Act includes a scienter requirement, meaning that a defendant must have knowledge of the probable illegal use of the items they are selling. The statute is not unconstitutionally vague if it provides sufficient notice of prohibited conduct and clear standards for enforcement.

We believe that Congress intended to include a scienter provision in § 857.

Analysis

The court determined that the language in § 857 implies a scienter requirement, as it defines drug paraphernalia as items 'primarily intended or designed for use' with illegal drugs. This requirement ensures that defendants have notice of what conduct is prohibited. The court also found that the statute provides sufficient guidance to prevent arbitrary enforcement, as it includes examples of paraphernalia and factors to consider in determining a defendant's intent.

The scienter element in § 857 ensures that defendants have notice that their conduct is prohibited.

Conclusion

The Court of Appeals reversed the District Court's dismissal of the indictment, concluding that the Mail Order Drug Paraphernalia Control Act is not unconstitutionally vague and requires a scienter element. The case was remanded for further proceedings.

Because we conclude that § 857 requires scienter and is not unconstitutionally vague, either on its face or as applied to the defendants, the order of dismissal is reversed and the case is remanded for further proceedings.

Who won?

The government prevailed in the appeal because the Court of Appeals found that the Mail Order Drug Paraphernalia Control Act includes a scienter requirement and is not unconstitutionally vague.

The government prevailed in the appeal because the Court of Appeals found that the Mail Order Drug Paraphernalia Control Act includes a scienter requirement and is not unconstitutionally vague.

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