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U.S. v. LONG

No. CR 13-30028-RAL.

15 F.Supp.3d 936 (2014)

UNITED STATES of America, Plaintiff, v. Jason LONG, Defendant.

United States District Court, D. South Dakota, Central Division.

Filed April 25, 2014.

Attorney(s) appearing for the Case

Jay P. Miller , U.S. Attorney's Office, Pierre, SD, Kathryn Rich , U.S. Attorney's Office, Rapid City, SD, for Plaintiff.

Justin Lee Bell , May, Adam, Gerdes & Thompson, Pierre, SD, for Defendant.

OPINION AND ORDER DENYING MOTION TO DISMISS

ROBERTO A. LANGE, District Judge.

I. INTRODUCTION

Defendant Jason Long ("Long") has filed a Motion to Dismiss Count II and Count III of the Superseding Indictment, Doc. 75, arguing that the analog provision of the Controlled Substances Act ("the analog provision"), 21 U.S.C. § 813, and its accompanying definitional statute, 21 U.S.C. § 802(32), are unconstitutionally vague as applied. The Government...

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