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U.S. v. HUSSEIN

No. 03-1310.

351 F.3d 9 (2003)

UNITED STATES of America, Appellee, v. Abdigani HUSSEIN, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided October 30, 2003.

Attorney(s) appearing for the Case

Sidney Leighton Moore, for appellant.

F. Mark Terison, Senior Litigation Counsel, with whom Paula D. Silsby, United States Attorney, was on brief, for appellee.

Before BOUDIN, Chief Judge, SELYA, Circuit Judge, and SILER, Senior Circuit Judge.

SELYA, Circuit Judge.

A jury found defendant-appellant Abdigani Hussein guilty of knowingly possessing and intending to distribute khat, a plant naturally containing the chemical stimulant cathinone (a Schedule I controlled substance), in violation of section 841(a)(1) of the Controlled Substances Act (CSA). The district court refused to set aside the verdict and sentenced Hussein to one year's probation. Hussein appeals, asserting that (i) the CSA did not afford...

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