United States v. Lyle, Jr., No. 12-30389 (9th Cir. 2014)
Annotate this CaseDefendant was convicted of two counts of violating 18 U.S.C. 1365(a), which prohibits, inter alia, tampering with any consumer product that affects interstate commerce. Defendant, a pharmacist at a grocery store, moved to dismiss the counts for failure to state an offense. The district court denied the motion and defendant appealed. The court concluded that, in light of Congress' clear statements upon enacting section 1365(a), and consistent with the rule of lenity, the more restrictive definition of "tamper" - one that requires alteration or adulteration of the item tampered - should apply. In this case, the indictment sufficiently alleged "tampering" by alleging that defendant opened a box containing Fentanyl patches, removed the patches, and re-glued the box. Accordingly, the court affirmed the judgment of the district court.
Court Description: Criminal Law. The panel affirmed the district court’s denial of a motion to dismiss an indictment charging two counts of violating 18 U.S.C. § 1365(a), which prohibits tampering with any consumer product that affects interstate commerce or foreign commerce, or the labeling of, or container for, any such product. The panel held that the indictment – which specifically alleged that the defendant opened a box containing Fentanyl patches, removed the patches, and re-glued the box – sufficiently alleged tampering with the container for a consumer product in violation of § 1365(a).
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