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U.S. v. ROSENTHAL

Nos. 03-10307, 03-10370.

445 F.3d 1239 (2006)

UNITED STATES of America, Plaintiff-Appellee, v. Edward ROSENTHAL, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed April 26, 2006.

Attorney(s) appearing for the Case

Dennis P. Riordan, Donald M. Horgan, and Joseph D. Elford, San Francisco, CA, for the appellant.

Amber S. Rosen, George L. Bevan, Jr., Hannah Horsley, and Kevin V. Ryan, U.S. Attorney's Office, San Jose, CA, for the appellee.

Before B. FLETCHER, JOHN R. GIBSON, and BERZON, Circuit Judges.

BETTY B. FLETCHER, Circuit Judge.

Edward Rosenthal appeals a three-count conviction for violations of the Controlled Substances Act ("CSA"), 21 U.S.C. §§ 801 et seq., asserting an as-applied Commerce Clause challenge, a claim of immunity pursuant to 21 U.S.C. § 885(d), erroneous evidentiary rulings and instructions by the district court, prosecutorial misconduct, juror misconduct, and the improper denial of a hearing under Franks v. Delaware...

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