Eighth Circuit: United States v. James Robert Carlson

Analogue Act, FRE

Act not unconstitutional, per S.Ct. US.

No error in permissive inference instruction allowing jury to find knowledge of similar chemical structure of the drug based on knowledge of similar pharmacological effects, given deft's knowledge of chemical structures of the materials.

No abuse of discretion in admission of expert under Daubert, as methodological doubts go to weight of evidence and not admissibility.

Government spokesman's affirmation of industry statement that they planned to expand their distribution of unscheduled substances didn't create a defense of entrapment by estoppel.

FDCA violation established by misleading sale, not a knowing violation of the terms of the act.

No error of use of sentencing guidelines for scheduled substances as basis for sentence imposed for nonscheduled substances.

http://media.ca8.uscourts.gov/opndir/16/01/142986P.pdf