Circuit split · criminal law
How the scope of federal drug/contraband importation offenses should be defined
1 federal appellate case on this question, each acknowledging the disagreement in its own words.
- United States v. Lopez484 F3D 1186
Ninth Circuit Court of Appeals · May 7, 2007
“In disregarding legislative history our court also creates a circuit split, departing from how other circuits have defined the scope of importation offenses.” — Creates a split
“In disregarding legislative history our court also creates a circuit split, departing from how other circuits have defined the scope of importation offenses.” — Acknowledges a circuit split
Empirical analysis of this case →
The provision at issue
21 U.S.C. § 841 — Prohibited acts A
“(a) Unlawful acts Except as authorized by this subchapter, it shall be unlawful for any person knowingly or intentionally— (1) to manufacture, distribute, or dispense, or possess with intent to manufacture, distribute, or dispense, a controlled substance; or (2) to create, distribute, or dispense, or possess with intent to distribute or dispense, a counterfeit substance. (b) Penalties Except as otherwise provided in section 849, 859, 860, or 861 of this title, any person who violates subsection (a) of this section shall be sentenced as …”Read the full section →
The other side of the split
Decisions the acknowledging court(s) named as the opposing or joined side, quoted in the acknowledging opinion's own words.
- On the other side · 3d Cir.Sandini803 F.2d 128
“In Sandini, *1206 the Third Circuit rejected the defendant’s argument, which would have “reinstated Lember’s irrational port of entry rule” and held that under the “plain meaning of [§ 3237], venue [wa]s proper in the Western District of Pennsylvania because the ‘imported object,’ i.e., the marijuana, ‘move[d]’ into the Western District of Pennsylvania.” 803 F.2d at 128, 129 (final alteration in original); see also id.” — United States v. Lopez, acknowledging the split
What the split turns on
- Anchor precedents:
- Keck19 S.Ct. 254 ·
- United States v. Lember
- Doctrines & tests:
- port of entry rule
Cases are grouped by the legal question they announce a split on, classified from the court's own acknowledgment sentence. Verified acknowledgments only. Counter-side decisions are extracted from the acknowledging opinions' own text and linked only when the citation resolves in this corpus. See all circuit splits.