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Continued: Duluth headshop owner keeps fighting despite conviction

  • Article by: RANDY FURST , Star Tribune
  • Last update: November 14, 2013 - 5:53 AM

Some expert opinion

Joseph Daly, emeritus professor of law at Hamline University, says he believes Tigue will not make much headway arguing what government officials said on the matter of law, because it is only their opinion. But he said Carlson still stands a good chance of winning an appeal. He called the law banning analogue drugs, “at minimum, vague and confusing” and may violate the 14th Amendment guarantee of a fair legal process.

But Murphy believes the Eighth Circuit in May already decided the substance of Carlson’s argument in USA vs. Sullivan. In that case, a panel upheld the conviction of Steven Miles Sullivan for possession with the intent to distribute a controlled analogue substance. Although the DEA had not yet classified the analogue as illegal, the court said the law “does not, however, require the DEA to classify a substance as controlled substance analogue before the substance falls under its purview.”

Tigue disagrees, saying the circumstances were different in Sullivan’s case.

No date for sentencing is set.

 

Randy Furst • 612-673-4224

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