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United States v. Muessig

United States Court of Appeals for the Tenth Circuit

427 F.3d 856 (2005)

Relevant factsFree

Huong Muessig and Nga Tran (defendants) ran convenience stores selling the cold remedy pseudoephedrine, and over more than a year Tran sold undercover detective Mark Wenthold hundreds of pseudoephedrine pills at prices well above retail, despite warnings from her supplier and her own sister that large-quantity sales could be used to illegally manufacture methamphetamine and despite Wenthold openly telling her that was exactly his purpose; Wenthold repeatedly had to calm Tran's expressed fears that he might be a police officer. Muessig later sold Wenthold 3,024 pills over two weeks, a roughly two-year supply for ordinary cold-fighting purposes, while also voicing suspicion Wenthold might get her arrested, and two witnesses testified she knew pseudoephedrine was a controlled precursor chemical. Both were convicted and appealed, arguing the evidence did not prove they knew Wenthold intended to manufacture methamphetamine.

IssueFree

Whether a conviction for selling precursor chemicals requires proof that the defendant knew they would be used to manufacture a controlled substance.

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