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U.S. v. JOHAL

No. 03-30579.

421 F.3d 955 (2005)

UNITED STATES of America, Plaintiff-Appellee, v. Joga Singh JOHAL, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed August 30, 2005.

Attorney(s) appearing for the Case

Sheryl Gordon McCloud, Law Office of Sheryl Gordon McCloud, Seattle, WA, for the defendant-appellant.

Russell E. Smoot, Assistant United States Attorney, Spokane, WA, for the plaintiff-appellee.

Allen R. Bentley, Law Office of Allen R. Bentley, Seattle, WA, for amicus curiae National Association of Criminal Defense Lawyers.

Before SCHROEDER, Chief Judge, GRABER and FISHER, Circuit Judges.

FISHER, Circuit Judge.

Joga Singh Johal appeals his conviction for selling and possessing large quantities of over-the-counter cold pills containing the ingredient pseudoephedrine "knowing or having reasonable cause to believe" that they would be used to manufacture methamphetamine, an illegal substance under 21 U.S.C. § 841(c)(2). Johal argues that § 841(c)(2) impermissibly imposes criminal liability without a mens rea requirement and that it mandates that...

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