Logourl black
From our private database of 14,200+ case briefs...

United States v. Nasir

United States District Court for the Eastern District of Kentucky
2013 U.S. Dist. LEXIS 138622 (E.D. Ky. Sept. 25, 2013)


Facts

Pursuant to the Controlled Substances Act (CSA), drugs having a potential for abuse may be classified into five schedules depending on the threat the drugs pose to public safety. The Drug Enforcement Agency (DEA) may “control” a drug by adding it to one of the schedules pursuant to the administrative rulemaking process. An amendment to the CSA, codified at 21 U.S.C. § 811(h), provides for the temporary scheduling of drugs on an emergency basis to avoid an imminent hazard to public safety. On March 1, 2011, the DEA scheduled the substance JWH-018 on an emergency basis. Generally, 5 U.S.C. § 801 of the Congressional Review Act (CRA) requires federal agencies to submit regulations to Congress and the Comptroller General for review before they take effect. However, the DEA relied on an exception to the CRA’s procedural requirements to avoid delay. Notwithstanding the DEA’s reliance on the exception, the DEA provided notice to both houses of Congress and the Comptroller General. A group of drug dealers (defendants) were indicted for distribution of drug analogues of JWH-018. The drug dealers moved to dismiss the indictment, arguing that they could not be held criminally liable for distribution of JWH-018 because the DEA failed to comply with the CRA, thereby rendering the rule scheduling JWH-018 ineffective. The United States (plaintiff) argued that it did in fact comply with the CRA by providing notice to Congress and the Comptroller General. The United States alternatively argued that 5 U.S.C. § 805 of the CRA precluded judicial review of the DEA’s compliance with the CRA.

Rule of Law

Issue

Holding and Reasoning (Hood, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.

Here's why 252,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 14,200 briefs, keyed to 189 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.