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U.S. v. BRADSHAW

No. 86-6019.

840 F.2d 871 (1988)

UNITED STATES of America, Plaintiff-Appellee, v. James A. BRADSHAW, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

March 25, 1988.

Attorney(s) appearing for the Case

Frank Courbois, Charles F. Cox, Oklahoma City, Okl., for defendant-appellant.

Gerald C. Kell, Dept. of Justice, Washington, D.C. (Leon B. Kellner, U.S. Atty., Miami, Fla., Eugene M. Thirolf, Jr., Dept. of Justice, Washington, D.C., on the brief), for plaintiff-appellee.

Before TJOFLAT and ANDERSON, Circuit Judges, and ROETTGER, District Judge.

ANDERSON, Circuit Judge:

The appellant, James Bradshaw, appeals his conviction for violating the Federal Food, Drug, and Cosmetic Act (the "FDC Act" or the "Act"). 21 U.S.C. §§ 301-392. The various acts that constitute criminal violations of the FDC Act are set forth in 21 U.S.C. § 331. All of these violations are misdemeanors regardless of the violator's intent. 21 U.S.C. § 333(a). A violation of the Act becomes a felony if it is a second offense...

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