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15-112 - USA v. Groth


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15-112 - USA v. Groth
June 25, 2015
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MEMORANDUM & ORDER as to William Groth. This memorandum is provided to assist the parties at oral argument, scheduled for Friday, June 26, 2015, on defendant's 16 motion to dismiss the superseding indictment. The court is prepared to take judicial notice of the fact that designer drug manufacturers and distributors attempt to flout the law by altering the chemical composition of illegal drugs to avoid prosecution, but to provide the same effect to the user. If any party objects to judicial notice, expert testimony on this subject will be permitted. The court plans to charge the jury that an objective and subjective element to the crime must be established. The government must prove criminality as set forth herein. Ordered by Judge Jack B. Weinstein on 6/25/2015. (Barrett, C)
June 29, 2015
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MEMORANDUM & ORDER as to William Groth expanding on the undersigned's 24 order of 6/25/2015. The proposed portion of the charge is as follows: The government must prove that defendant (1) knowingly and intentionally conspired to import a "controlled substance;" (2) knowingly and intentionally imported a "controlled substance;" (3) knowingly and intentionally conspired with intent to distribute and possess with intent to distribute a "controlled substance;" and (4) knowingly and intentionally attempted to distribute and possess with intent to distribute a "controlled substance." A "controlled substance" is listed by name and possesses certain chemical characteristics that affect the mind of the user. Treated as if they are listed are drugs analogous to drugs on the list. The government must prove both objective and subjective elements. Ordered by Judge Jack B. Weinstein on 6/26/2015. (Barrett, C)
July 29, 2015
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MEMORANDUM & ORDER as to William Groth. The court has reviewed defendant's [29-1] supplemental brief of July 20, 2015, and the government's 28 letter of the same date. No oral argument is needed. Denial of the 16 motion to dismiss is reaffirmed. Johnson dealt with a test of criminality less precise than that in the Analogue Act. It does not control the instant case. The case shall be tried as scheduled. Ordered by Judge Jack B. Weinstein on 7/29/2015. (Barrett, C)
August 13, 2015
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MEMORANDUM AND ORDER modifying William Groth's bond to require in-patient drug treatment. Mr. Groth is further ordered to enter such treatment as soon as possible. Ordered by Judge Jack B. Weinstein on 8/10/2015. (Barrett, C)
February 4, 2016
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ORDER RE: STATEMENT OF REASONS as to William Groth. Ordered by Judge Jack B. Weinstein on 1/27/2016. (Barrett, C)