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U.S. v. ROBERTS

Docket Nos. 02-1604, 02-1605.

363 F.3d 118 (2004)

UNITED STATES of America, Appellant, v. Todd Kelly ROBERTS, aka "Dr. Conan", Michael Toback, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided: April 1, 2004.

Attorney(s) appearing for the Case

Laurie A. Korenbaum, Assistant United States Attorney (Christine H. Chung, Assistant U.S. Attorney, on the brief), for James B. Comey, United States District Attorney for the Southern District of New York, for Appellant.

Richard Collins, Collins, McDonald & Gann, P.C., Carle Place, N.Y.; Edward P. Jenks, Mineola, N.Y., for Defendant-Appellee Todd Kelly Roberts.

Kenneth Saltzman, (Andrew A. Rubin, on the brief), Mancuso, Rubin & Fufidio, White Plains, N.Y., for Defendant-Appellee Michael Toback.

Before: WALKER, Chief Judge, CALABRESI, Circuit Judge, and KORMAN, District Judge.

CALABRESI, Circuit Judge.

The government appeals from the judgment of the district court (Sweet, J.), dismissing the indictments against the defendants on the ground that the definition of "controlled substance analogue," 21 U.S.C. § 802(32)(A), as applied to 1,4-butanediol, is unconstitutionally vague. We conclude that, because 1,4-butanediol both (a) differs from gamma hydroxybutyric acid ("GHB"), a Schedule I controlled substance, by only two atoms...

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