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U.S. v. KIM

Nos. 01-50472, 01-50543.

298 F.3d 746 (2002)

UNITED STATES of America, Plaintiff-Appellant, v. Jae Gab KIM, Defendant-Appellee. United States of America, Plaintiff-Appellant, v. John Edward Stoll, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

August 5, 2002.

Attorney(s) appearing for the Case

Miriam A. Krinsky and Becky S. Walker, Assistant United States Attorneys, Los Angeles, CA, for the plaintiff-appellant.

Maria E. Stratton, Federal Pubic Defender, James H. Locklin, Deputy Federal Public Defender, Los Angeles, CA, for defendant-appellee Stoll.

William J. Genego, Esq., Santa Monica, CA, for defendant-appellee Kim.

Before NOONAN, WARDLAW and BERZON, Circuit Judges.

OPINION

NOONAN, Circuit Judge:

These two cases present in different facts the same issue, namely whether an indictment of a licensed pharmacist for illegal distribution of a named drug must contain an allegation that the pharmacist knew that the drug would be used to manufacture a drug outside the scope of his authority as a licensed pharmacist. The district court read circuit precedent to require such an allegation...

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