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BAKER v. U.S.

No. 90-15009.

932 F.2d 813 (1991)

Kenneth M. BAKER, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided May 8, 1991.

Attorney(s) appearing for the Case

Terry Admur, Pasadena, Cal., for petitioner-appellant.

Mark Edelman, Asst. U.S. Atty., Fresno, Cal., for respondent-appellee.

Before TANG, BOOCHEVER and NOONAN, Circuit Judges.

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...

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