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U.S. v. KIM

No. 05-50112.

443 F.3d 1143 (2006)

UNITED STATES of America, Plaintiff-Appellee, v. Jae Gab KIM, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed April 10, 2006.

Attorney(s) appearing for the Case

William J. Genego, Esq., Santa Monica, CA, argued the case and was on the briefs for the defendant-appellant.

Gregory A. Lesser, Assistant U.S. Attorney, Los Angeles, CA, argued the case and was on the briefs for the plaintiff-appellee; Debra Wong Yang, U.S. Attorney and Thomas P. O'Brien, Assistant U.S. Attorney, Los Angeles, CA, were on the briefs for the plaintiff-appellee.

Before: McKEOWN and BERZON, Circuit Judges, and SAMUEL P. KING, Senior Judge.

BERZON, Circuit Judge.

Pseudoephedrine, a "listed chemical" under a federal drug statute, 21 U.S.C. § 802(33) & (34)(K), is an ingredient in many over-the-counter cold medications. It can also be used to manufacture methamphetamine, a controlled substance under 21 U.S.C. § 812. Both the United States and California have statutes prohibiting over-the-counter sales of drugs containing pseudoephedrine in certain instances. See 21 U.S.C. § 841...

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