Whether a federal drug indictment fails to state a valid offense when the alleged controlled substance is not explicitly scheduled in the U.S. Code or Code of Federal Regulations

No question identified. : Applicant Andrew) Tableck applies to Dushee Alito, the Horereble Thicd Cireoyst Dustice , pursuant to Bole Z2 of the Supreme Court Rules for! an order Arantiriey release on bai) Pesting, disposition of We avekicant 's petition fos Ustit of cectiorati. Jaslack és Wwronafull y Charged and convicted onder the Con\olled Subsbances Ack, 21 OS.C. 661 et Seq. for oa Oreo) that Was not schedvled as a contro\\ed Substance by the Attorney General; therebre, it was not an Meoe\ suvsharce In vidlation of BLOS.C. SHI@A). ARGUMENT FOR BALL "Bequests for bail to this Cour? are granted only in extraordinary Citcomstances, Especially i€, as here, HH previous bail application Nas been dsenicd.'' MeGEE vi Alaska, 46% U.S. 1234, 1340 (1493)(Rehnquist, S-, in Chambers). “Applicants must also dernenstrate ox rasonable cesi bility thal foor Members of this Coort will vote to grant the petition foc certiorary.” bx L Tablock was denied bar |. Ca Dely 42, ZO\Q in the District Courk of New Derse (Trenton , Meaistrate Jedog. Tenianne S. Bon iovanni osonted Talack's motion for release +rom Custody. See crwoival no, (9-374 (mas) : Dkt, #53. However, the government's Motion fo revoke the release order Was orate bay District Court Sudge, Michael A. Shipp on Roast 13, ZOIW. PKt, #° GZ. 2. The federal indictment legoll y Fails fo Stale an Offense 0s a mater of law. a The omission of a from ZI S.C. SUt@d) s a fatal defect in the frdictment 4 — The first constitufional requirement for an indictment ts that *t must contain the elements of the offense charqcd. United Stokes iV Besendizfeace., S49 UWS. 102, 10% (2007). See also Avan Vv. Uarted States, 142 S.Ct, 2370, 2335 (2622) (Alito, D., Concorrin (" For one thine, this bleck-leHer law that an indictment mist allege ‘the elernerts of the offense, Chlaraed," (quetin iney _v. Uni shales, 41% U.S. 87, 117 (1974); BessZll v. United States, 3U9 U.S. 744, 768 1.15 (1162)(explaining that every inaredicnt of the offense must be ckarly and “accurately alleged in the indictrtent to enable the court to decide Whether the facts alleged arc sufficient in law). Tabhck Is charged in a two-count Federal indictment in Which count one alleges Ne did Knowingly Conspice to manvofacture and distribute... GSehedole TL Corytrmoned Substance-anale que, as AcLincd in secon ZOLGAA) of Wile 21, rome ‘Cyclopropy\ Satany\," Controsu, to Zi 6.9... BUA), GOO), ond $83, iN Violation of SRG. Count two aneaes Tablack dtd Know QV¥ ves manufacture and distibore ey & Schedule L controled as AcfinedS WW SW7GDE), rramely “Cycloprepy | fontany |," it violation of SS BICC), /)GVE), and SRB. Covent one alleges the adivity occurred between Norch ZO “and December 20, 2017. Count two alleges the activity occorreS ort September 13, 2O\IT. See Ape. PP Al-AR. See also Dikt., #33, “The stalvlory offense codrfied af 21 U.S.C. BHC) provides: Except ay authorized py this ttle, if shall be Unlawlol Lor any person Knowing \uy of Intentionally -7 fo menu facture, Oistri bute, or dispense, or Possess with intent +O rromufacture, distribute, or Oispense, & Controlled Substance... The tem “Controlled Substance” Means a Es Orua oc other substance, OF Immediate precuTsoT, Included Wi Sencdole LWIA AY or V of pact B of this AY Me. i s-¢. SIZ). AVOS.C. BOZ®). Section BWA provides +he Witlal schedules of comtroliked substances OMS also specifies to see Al CFR Port (BOB for Whe AMeEndsed Sclhedoles . Tad. ot SBZE). Accerdiv uy! “the feodore of a substance, hat lor [ras) 4 within Fre Scope. of’ SSAIG) is the Lack thot itis ‘controlled . Mefadden v. United Sales, 576 US, 186, (16 (2015}iinay S BOL(G)). “Nee 15 Ao question dhat itis a fedecol crime to ossess With intent fo vc. Otstribute. (6. cA comtmlled Substance," 21 U.S.C. GHUOQG), ‘one of which is MAT\WAaNa, SZ). Monerieffe vi Holder, SGA OLS. \S4, (42 (2013). See also Mellooli v. Lynch, 575 US. TAS, BO3 (2015) (Adderall, the beard name of an amphelamine-based da is A cortolled Sobstance}citin