Evidence insufficient to show defendant had reasonable cause to believe pseudoephedrine would be used to manufacture methamphetamine
SUFFICIENCY OF EVIDENCE United States v. Truong, No. 04-5094, ___ F.3d ___ (10th Cir. Oct. 17, 2005)(N.D. Oklahoma). Appeal of conviction for possessing and distributing pseudoephedrine while knowing or having reasonable cause to believe it would be used to manufacture methamphetamine in violation of 21 U.S.C. § 841(c)(2) and 21 U.S.C. § 843(6). HELD: Where evidence showed defendant sold large quantities of cold tablets containing methamphetamine precursor chemicals, and did so in manner suggesting he knew tablets were being purchased for some unlawful purpose, evidence was not sufficient to support conviction because it did not show defendant had knowledge or reasonable cause to believe that tablets would be used for specific unlawful purpose of methamphetamine production. Read the opinion here. |
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