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O CENTRO ESPIRITA BENEFICIENTE UNIAO v. ASHCROFT

No. 02-2323.

314 F.3d 463 (2002)

O CENTRO ESPIRITA BENEFICIENTE UNIAO DE VEGETAL, also known as Uniao do Vegetal (USA), Inc., a New Mexico corporation on its own behalf and on behalf of all of its members in the United States; Jeffrey Bronfman, individually and as Vice-President of UDV-USA; Daniel Tucker, individually and as Vice-President of UDV-USA; Christina Barreto, individually and as Secretary of UDV-USA; Fernando Barreto, individually and as Treasurer of UDV-USA; Christine Berman, Mitchel Berman, Jussara de Almeida Dias, also known as Jussara Almeida Dias, Patricia Domingo, David Lenderts, David Martin, Maria Eugenia Pelaez, Bryan Rea, Don St. John, Carmen Tucker, and Solar Law, individually and as members of UDV-USA, Plaintiffs-Appellees, v. John ASHCROFT, Attorney General of the United States; Asa Hutchinson, Administrator of the United States Drug Enforcement Administration; Paul H. O'Neill, Secretary of the Department of Treasury of the United States; David C. Iglesias, United States Attorney for the District of New Mexico; David F. Fry, Resident Special Agent in Charge of the United States Customs Service Office of Criminal Investigation in Albuquerque, New Mexico; all in their official capacities, Defendants-Appellants.

United States Court of Appeals, Tenth Circuit.

December 12, 2002.

Attorney(s) appearing for the Case

Michael Jay Singer and Matthew M. Collette, of Appellate Staff, Washington, DC, for Defendants-Appellants.

Nancy Hollander and John W. Boyd, of Freedman, Boyd, Daniels, Hollander, Goldberg & Cline P.A., Albuquerque, NM, for Plaintiffs-Appellees.

Before KELLY and HARTZ, Circuit Judges.

ORDER

PAUL KELLY, JR., Circuit Judge.

This matter is before the court on the government's emergency motion for a stay pending appeal, or alternatively an administrative stay pending consideration of a stay pending appeal. Upon consideration thereof,

(1) The government seeks a stay of the district court's November 13, 2002, preliminary injunction enjoining the government from enforcement of the Controlled Substances Act ("CSA"), as it pertains to...

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