Douglas Jason Way v. United States
FifthAmendment
Whether the Ninth Circuit Court of Appeals contradicted the holding of McFadden v. United States 576 U.S. 186 (2015)
Questions Presented For Review 1. Whether the Ninth Circuit Court of Appeals contradicted the holding of McFadden v. United States 576 U.S. 186 (2015) by ruling irrelevant petitioner’s rebuttal, to government evidence of his implied knowledge of federal regulation of a drug analogue, that he was only aware of and complying with state law regulation of that substance. 2. Whether such error is never harmless error when it prohibits petitioner from offering a rebuttal to government evidence of his knowledge of federal regulation of a drug, through defense witnesses, by cross-examination of government witnesses, by admitting defense exhibits, by petitioner’s testimony, and through defense counsel summation. i