* Defendants participated in a large and sophisticated conspiracy for the manufacture and distribution of MDMA. Defendant Leveriza, a chemist, originally worked for Michael Clegg, producing and crystallizing MDMA for sale and distribution. Clegg's laboratory manufactured approximately ten kilograms of MDMA each month. Defendant Franz and Bud Franklin purchased the MDMA lab from Clegg in 1984 and relocated it to Mexico in 1985 when MDMA became illegal in the United States. Because they lacked an effective distribution network Franz and Franklin enlisted Clegg in 1987 to establish MDMA distribution in the United States. Under this arrangement, the Mexican lab produced twenty kilograms of MDMA per month beginning in the fall of 1987. Franz and Franklin shipped the MDMA to California where it was tabulated or poured into capsules for distribution.
In 1988 Clegg decided to expand to Europe. He hired defendant Carlson, another chemist, to manufacture MDMA in Panama to distribute in Europe. After the 1989 U.S. invasion of Panama, Carlson established yet another lab, this time in Brazil. By 1990 Leveriza and Franz had married and moved to Brazil to assist in the MDMA manufacturing process. Carlson left Brazil and moved to California. In 1991, to finance the expansion of the European market, Franz and Clegg agreed to increase output from the Brazilian lab to fifty kilograms per month. This higher output for a ten-month period completely funded the Brazilian lab and European operation.
When a confidential informant learned of and reported these activities to the DEA, an undercover agent investigated and infiltrated the operation. That investigation led to defendants' arrests and indictments. Defendants pleaded guilty, reserving the right to appeal issues they raised in their motions to dismiss. See United States v. Franz, 818 F.Supp. 1478 (M.D.Fla.1993).
We review defendants' contention that the Controlled Substance Analogue Enforcement Act of 1986 (the Analogue Act), 21 U.S.C. § 802(32), is unconstitutionally vague under a de novo standard. United States v. Trout, 68 F.3d 1276, 1279 (11th Cir.1995), cert. denied, --- U.S. ----, 116 S.Ct. 1032, 134 L.Ed.2d 110 (1996). "Vagueness challenges to statutes which do not involve First Amendment freedoms must be examined in the light of the facts of the case at hand." United States v. Mazurie, 419 U.S. 544, 550, 95 S.Ct. 710, 714, 42 L.Ed.2d 706 (1975). We thus focus on the Analogue Act as applied in the instant cases. "[T]he void-for-vagueness doctrine requires that a penal statute define the criminal offense with sufficient definiteness that ordinary people can understand what conduct is prohibited and in a manner that does not encourage arbitrary and discriminatory enforcement." Kolender v. Lawson, 461 U.S. 352, 357, 103 S.Ct. 1855, 1858, 75 L.Ed.
Jurisdiction: U.S. Court of Appeals, Eleventh Circuit
Related Categories: Administrative Law , Constitutional Law , Education , Finance / Banking , Government / Politics , Health Care