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U.S. v. SCHNEIDERMAN

No. 1109, Docket 91-1695.

968 F.2d 1564 (1992)

UNITED STATES of America, Appellant, v. Jerry SCHNEIDERMAN, Jerry Ranallo, Larry Butler and Insertion Advertising Corp., Appellees.

United States Court of Appeals, Second Circuit.

Decided July 9, 1992.

Attorney(s) appearing for the Case

Seth C. Farber, Asst. U.S. Atty., New York City (Otto G. Obermaier, U.S. Atty., S.D. New York, Michele Hirshman, Katherine A. Bostick, Asst. U.S. Attys., of counsel), for appellant.

Joshua L. Dratel, New York City (Gerald B. Lefcourt, P.C., of counsel), for appellee Jerry Ranallo.

Richard Ware Levitt, New York City, for appellee Jerry Schneiderman and Insertion Advertising Corp.

Diarmuid White, New York City (Lipsitz, Green, Fahringer, Roll, Salisbury & Cambria, of counsel), for appellee Larry Butler.

Before: LUMBARD, NEWMAN, and CARDAMONE, Circuit Judges.

LUMBARD, Circuit Judge:

The government appeals from an order of the District Court for the Southern District of New York, Robert W. Sweet, Judge, which dismissed a fourteen-count indictment charging violations of the Mail Order Drug Paraphernalia Control Act, 21 U.S.C. § 857,1 based on a determination that the statute is unconstitutionally vague. Because we conclude that § 857 includes a scienter requirement, it is not...

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