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UNITED STATES v. MARSCHALL

No. 22-30048.

82 F.4th 774 (2023)

UNITED STATES of America, Plaintiff-Appellee, v. Richard MARSCHALL, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed September 20, 2023.

Attorney(s) appearing for the Case

Mohammad Ali Hamoudi (argued) and Gregory Geist , Assistant Federal Public Defenders, Federal Public Defender's Office, Seattle, Washington, for Defendant-Appellant.

Jonas B. Lerman (argued), Tania M. Culbertson , Michelle Jensen , Nicholas A. Manheim , Teal L. Miller , and Brian Werner , Assistant United States Attorneys; Nicholas W. Brown , United States Attorney; United States Attorney's Office, Western District of Washington, United States Department of Justice, Seattle, Washington; for Plaintiff-Appellee.

Before: Sandra S. Ikuta and Daniel P. Collins, Circuit Judges, and Sidney A. Fitzwater, District Judge.

OPINION

Defendant-Appellant Richard Marschall appeals from his conviction under the Federal Food, Drug, and Cosmetic Act ("FDCA") for shipping misbranded drugs in interstate commerce in violation of 21 U.S.C. §§ 331(a) and 333(a)(2). Marschall raises a number of challenges to his conviction, most of which...

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