The government need not prove a controlled substance was actually manufactured to sustain a conviction for distributing a listed chemical under the plain language of the statute.
A defendant convicted of distributing pseudoephedrine challenged his conviction, arguing the government must prove the chemical was actually used to manufacture a controlled substance. The court holds that under the plain language of the statute, the government need only prove the defendant knew or had reasonable cause to believe the chemical would be used for such purposes, rather than proving the actual accomplishment of the manufacture. Additionally, the court finds that the knowledge element of a criminal statute may be established through either actual knowledge or deliberate ignorance. The court affirms the convictions and sentence but vacates the special assessment due to its unconstitutional retroactive application.
At page 1270 Reviewing jury instructions and statutory knowledge requirements147 citing cases“the issues of law were presented inaccurately, or the charge improperly guided the jury in such a substantial way as to violate due process.”
- United States v. Khattab, 536 F.3d 765 (7th Cir. 2008).published([T]he jury thus needed to find either that he knew the pseudoephedrine would be used to manufacture methamphetamine or that he had reasonable cause to believe that it would be.)
- In re Way to Grow, Inc., 597 B.R. 111 (Bankr. D. Colo. 2018).published“the jury thus needed to find either that he knew the pseudoephedrine would be used to manufacture methamphetamine or that he had reasonable cause to believe that it would be.”
- United States v. Dontae D. Burton, No. 25-11898 (11th Cir. Sept. 15, 2026).unpublished (stating that we review the legal correctness of jury instructions de novo and phrasing questions for an abuse of discretion)
- United States v. Augustus C. Romain, Jr., No. 24-14097 (11th Cir. Aug. 5, 2026).publishedWe review the “legal correctness of a jury instruction” de novo, United States v. Prather, 205 F.3d 1265, 1270 (11th Cir. 2000), but the “refusal to give a requested jury instruction” for abuse of discretion, United States v. Gumbs, 964 F.…
- United States v. Plamen Georgiev Velinov, No. 23-12136 (11th Cir. July 8, 2026).unpublishedIn other words, the district court instructed the jury to review roughly the same considerations we already use in applying the legal definition of lascivious exhibition to depictions of a child’s anus, genitals, or pubic area. 4 “We revie…
- United States v. Wilber Vigil-Benitez, No. 25-11475 (11th Cir. Apr. 28, 2026).unpublished “Generally, district courts have broad discretion in formulating jury instructions provided that the charge as a whole accurately reflects the law and the facts, and we will not reverse a conviction on the basis of a jur…”
- United States v. Lawrence Alexander, 170 F.4th 1303 (11th Cir. 2026).publishedUnited States v. Prather, 205 F.3d 1265, 1270 (11th Cir. 2000).
- United States v. Michael Shirley, No. 24-10937 (11th Cir. Feb. 6, 2026).unpublishedViolation of Supreme Court Precedent Shirley challenges the jury instruction’s definition of “public official” on the grounds that (1) it was erroneous and overbroad in USCA11 Case: 24-10672 Document: 59-1 Date Filed: 02/06/2026 Page: 22 o…
- United States v. Jonathan Grenon, No. 23-13478 (11th Cir. Dec. 22, 2025).unpublishedDeference to Agency Interpretation Fourth, the brothers argue the district court plainly erred in instructing the jury and admitting expert testimony that inappro- priately relied on the Food and Drug Administration’s definition of the ter…
- United States v. Billy Olvera, No. 24-12832 (11th Cir. Oct. 7, 2025).unpublishedUnited States v. Prather, 205 F.3d 1265, 1270 (11th Cir. 2000) (quotations omitted); see also United States v. Maxi, 886 F.3d 1318, 1332 (11th Cir. 2018) (“Error in jury instructions does not 2 In his reply brief, Olvera reverses course an…
Show 131 more citing cases
- United States v. Rigoberto Martinez, No. 25-11781 (11th Cir. Oct. 3, 2025).unpublishedSo long as “the charge as a whole accurately reflects the law,” however, district courts “have broad discretion in formulat- ing jury instructions.” United States v. Prather, 205 F.3d 1265, 1270 (11th Cir. 2000).
- United States v. Johnathan Morris, 131 F.4th 1288 (11th Cir. 2025).publishedA verdict form warrants reversal only if “the issues of law were presented inaccurately” or the form “improperly guided the jury in such a substantial way as to violate due process.” United States v. Prather, 205 F.3d 1265, 1270 (11th Cir.…
- Holland v. United States, No. 3:21-cv-01277 (M.D. Fla. Mar. 5, 2025).“Generally, district courts have broad discretion in formulating jury instructions provided that the charge as a whole accurately reflects the law and the facts,” and a conviction will not be reversed “on the basis of a jury charge unless…
- Michael Ray Alford v. United States, No. 22-14318 (11th Cir. Mar. 3, 2025).unpublishedSee Whisenhant v. Allen, 556 F.3d 1198, 1207 (11th Cir. 2009); United States v. Harriston, 329 F.3d 779, 789-90 (11th Cir. 2003); United States v. Prather, 205 F.3d 1265, 1270 (11th Cir. 2000).
- United States v. Azari Gonzalez, No. 23-11749 (11th Cir. Feb. 21, 2025).unpublished Additionally, we review the legal correctness of a jury instruction de novo, “but defer to the district court on questions of phrasing absent an abuse of discretion.” United States v. Prather, 205 F.3d 1265, 1270 (11th Cir. 2000).
- United States v. Frank Bynes, Jr., No. 20-10673 (11th Cir. Nov. 20, 2024).unpublishedUnited States v. Prather, 205 F.3d 1265, 1270 (11th Cir. 2000).
- United States v. Charles Brian Stabler, No. 23-14109 (11th Cir. Oct. 1, 2024).unpublishedUnited States v. Prather, 205 F.3d 1265, 1270 (11th Cir. 2000).
- United States v. Brandon Redmond, No. 23-11640 (11th Cir. Aug. 23, 2024).unpublished “Where a party did not object to a jury instruction in the district court, we review that instruction for plain error.” United States v. Prather, 205 F.3d 1265, 1270 (11th Cir. 2000) (citing Fed. R.
- United States v. Frank Bell, 112 F.4th 1318 (11th Cir. 2024).publishedUnited States v. Prather, 205 F.3d 1265, 1270 (11th Cir. 2000).
- United States v. Rafael Antonio Bracero-Navas, No. 22-12887 (11th Cir. July 12, 2024).unpublishedUnited States v. Prather, 205 F.3d 1265, 1270 (11th Cir. 2000).
- United States v. Obukowho Nelson Potokri, No. 23-12199 (11th Cir. June 17, 2024).unpublished“We review the legal correctness of a jury instruction de novo, but defer on questions of phrasing absent an abuse of discretion.” United States v. Prather, 205 F.3d 1265, 1270 (11th Cir. 2000).
- United States v. Simon Arcentales Castro, No. 23-10096 (11th Cir. May 31, 2024).unpublishedUnited States v. Prather, 205 F.3d 1265, 1270 (11th Cir. 2000) (quotation marks omitted).
- United States v. Michael Dacorta, No. 22-13564 (11th Cir. May 1, 2024).unpublishedUnited States v. Prather, 205 F.3d 1265, 1270 (11th Cir. 2000).
- United States v. Thaddeus Rhodes, No. 23-10989 (11th Cir. Mar. 8, 2024).unpublishedUnited States v. Prather, 205 F.3d 1265, 1270 (11th Cir. 2000).
- United States v. Christopher Tavorris Wilkins, No. 22-11115 (11th Cir. Feb. 21, 2024).unpublished We review de novo the legal accuracy of jury instructions and verdict forms but “defer on questions of phrasing absent an abuse of discretion.” United States v. Prather, 205 F.3d 1265, 1270 (11th Cir. 2000); McNely v. Ocala Star-Banner Cor…
- United States v. Suzanne Ellen Kaye, No. 23-11423 (11th Cir. Jan. 16, 2024).unpublishedWe review “a district court’s refusal to give a proposed jury instruction” for abuse of discretion, United States v. Watkins, 42 F.4th 1278, 1282 (11th Cir. 2022), cert. denied, 143 S. Ct. 1754 (2023), and we “defer on questions of phrasin…
- United States v. Branden Tyler, No. 22-12385 (11th Cir. Dec. 28, 2023).unpublishedUnited States v. Prather, 205 F.3d 1265, 1270 (11th Cir. 2000).
- United States v. Jonathan Jermaine Thomas, No. 22-12930 (11th Cir. Dec. 15, 2023).unpublishedUnited States v. Prather, 205 F.3d 1265, 1270 (11th Cir. 2000).
- United States v. Hakim Amal Archible, No. 21-14172 (11th Cir. Nov. 9, 2022).unpublishedUnited States v. Prather, 205 F.3d 1265, 1270 (11th Cir. 2000).
- United States v. Leslie Pagan, No. 21-12328 (11th Cir. Oct. 14, 2022).unpublished United States v. Prather, 205 F.3d 1265, 1270 (11th Cir. 2000). “[D]istrict courts have broad discretion in formulating jury instructions provided that the charge as a whole accurately reflects the law and the facts.” Id. (internal quotati…
- United States v. Igor Grushko, 50 F.4th 1 (11th Cir. 2022).published“Generally, district courts have broad discretion in formu- lating jury instructions provided that the charge as a whole accurately reflects the law and the facts, and we will not reverse a conviction on the basis of a j…”
- United States v. Jack Kachkar, No. 19-12685, 2022 WL 2704358 (11th Cir. July 12, 2022).unpublishedWe will reverse because of a given jury instruction only if it (1) was legally inaccurate or “improperly guided the jury” in a way that violated due process, and (2) was not “harmless error.” United States v. Focia, 869 F.3d 1269, 1280 (11…
- United States v. Sylvia Ana Guerra, No. 21-10921 (11th Cir. Jan. 27, 2022).unpublishedUnited States v. Prather, 205 F.3d 1265, 1270 (11th Cir. 2000).
- United States v. Lillian Akwuba, 7 F.4th 1299 (11th Cir. 2021).published“We review the legal correctness of a jury instruction de novo but defer on questions of phrasing absent an abuse of discretion.” United States v. Prather, 205 F.3d 1265, 1270 (11th Cir. 2000) (citations omitted).
- United States v. Jacques Jeanty, No. 19-11058 (11th Cir. Apr. 22, 2021).unpublishedUnited States v. Stone, 9 F.3d 934, 937 (11th Cir. 1993). “[D]istrict courts have broad discretion in formulating jury instructions provided that the charge as a whole accurately reflects the law and the facts.” United States v. Williams,…
- United States v. Danielle Edmonson El, No. 20-10821 (11th Cir. Apr. 8, 2021).unpublishedWe also review de novo the legal correctness of a jury instruction, United States v. Prather, 205 F.3d 1265, 1270 (11th Cir. 2000), but questions of phrasing are reviewed for an abuse of discretion, United States v. Lopez, 590 F.3d 1238, 1…
- United States v. Carlos A. Rodriguez Fernandez, No. 19-13516 (11th Cir. Dec. 4, 2020).unpublishedA. Jury Instructions “We review the legal correctness of a jury instruction de novo, but defer on questions of phrasing absent an abuse of discretion.” United States v. Prather, 205 F.3d 1265, 1270 (11th Cir. 2000) (citations omitted).
- United States v. Melvin Goode Wentt, No. 19-13341 (11th Cir. Sept. 17, 2020).unpublishedAnd to convict Wentt of conspiracy to commit bank fraud, the government had to prove that Wentt “knowingly . . . joined [the conspiracy].” United States v. Moran, 778 F.3d 942, 960 (11th Cir. 2015). “[T]he knowledge element of a violation…
- United States v. Salomon E. Melgen, 967 F.3d 1250 (11th Cir. 2020).publishedUnited States v. Dulcio, 441 F.3d 1269, 1275 (11th Cir. 2006); United States v. Prather, 205 F.3d 1265, 1270 (11th Cir. 2000) (citations omitted).
- United States v. Ramon Lopez-Alvarado, No. 18-14930 (11th Cir. May 1, 2020).unpublished“We review the legal correctness of a jury instruction de novo, but defer on questions of phrasing absent an abuse of discretion.” United States v. Prather, 205 F.3d 1265, 1270 (11th Cir. 2000) (citations omitted).
- United States v. Jose Jesus Argiz, No. 19-11896 (11th Cir. Mar. 13, 2020).unpublishedWe will not reverse a conviction because of the instructions given to a jury “unless ‘the issues of law were presented inaccurately, or the charge improperly guided the jury in such a substantial way as to violate due process.’” United Sta…
- United States v. Nathan Van Buren, 940 F.3d 1192 (11th Cir. 2019).publishedUnited States v. Prather, 205 F.3d 1265, 1270 (11th Cir. 2000).
- United States v. Viktoriya Johnson, No. 18-13692 (11th Cir. Aug. 28, 2019).unpublishedUnited States v. Prather, 205 F.3d 1265, 1270 (11th Cir. 2000).
- United States v. Darryl A. Williams, No. 18-10273 (11th Cir. Aug. 22, 2019).unpublished“We review the legal correctness of a jury instruction de novo.” United States v. Prather, 205 F.3d 1265, 1270 (11th Cir. 2000).
- United States v. Kerri L. Kaley, No. 17-11061 (11th Cir. Jan. 8, 2019).unpublishedBecause we find no plain error, we reject Kaley’s arguments. 22 Case: 16-17543 Date Filed: 01/08/2019 Page: 23 of 37 “Generally, district courts have broad discretion in formulating jury instructions provided that the charge as a whole acc…
- United States v. Trayone Lefferio Bell, No. 18-10276 (11th Cir. Oct. 17, 2018).unpublished That means we review de novo the legal accuracy of a verdict form “but defer on questions of phrasing absent an abuse of discretion.” United States v. Prather, 205 F.3d 1265, 1270 (11th Cir. 2000).
- United States v. Alexander Robert Xavier, No. 16-17570 (11th Cir. May 30, 2018).unpublishedUnited States v. Prather, 205 F.3d 1265, 1270 (11th Cir. 2000).
- United States v. Robert Wade Umbach, 708 F. App'x 533 (11th Cir. 2017).unpublished “Generally, district courts have broad discretion in formulating jury instructions provided *543 that the charge as a whole accurately reflects the law and the facts.... ” United States v. Prather, 205 F.3d 1265, 1270 (11th Cir. 2000) (int…
- United States v. Frank, 599 F.3d 1221 (11th Cir. 2010).published
- United States v. Shawn Michael Simmerer, 156 F. App'x 124 (11th Cir. 2005).unpublished
- United States v. Barbara Ann Murray, 154 F. App'x 740 (11th Cir. 2005).unpublished
- United States v. Robert J. Warhurst, Jr., 132 F. App'x 795 (11th Cir. 2005).unpublished
- United States v. Tario Stamps, 201 F. App'x 759 (11th Cir. 2006).unpublished
- United States v. William R. Downs, 217 F. App'x 841 (11th Cir. 2006).unpublished
- United States v. Frederick Thomas Harrington, 204 F. App'x 784 (11th Cir. 2006).unpublished
- United States v. Leroy Evans, 188 F. App'x 878 (11th Cir. 2006).unpublished
- United States v. Rodrick Monroe, Sr., 233 F. App'x 879 (11th Cir. 2007).unpublished
- United States v. Vandarrel Leon Doe, 216 F. App'x 874 (11th Cir. 2007).unpublished
- United States v. Bradley Duane Hoschouer, 224 F. App'x 923 (11th Cir. 2007).unpublished
- United States v. Fredric Blair Layne, 259 F. App'x 183 (11th Cir. 2007).unpublished
- United States v. Mark Pelle, 263 F. App'x 833 (11th Cir. 2008).unpublished
- United States v. Ortayvius Lesure, 262 F. App'x 135 (11th Cir. 2008).unpublished
- United States v. Sohail Igbal Issa, 265 F. App'x 801 (11th Cir. 2008).unpublished
- United States v. Phillip Curtis Grace, 264 F. App'x 780 (11th Cir. 2008).unpublished
- United States v. Julian B. Burnett, 291 F. App'x 319 (11th Cir. 2008).unpublished
- United States v. William Lenories Wright, 300 F. App'x 627 (11th Cir. 2008).unpublished
- United States v. Clifford Darden, 343 F. App'x 445 (11th Cir. 2009).unpublished
- United States v. Donald H. Gates, 351 F. App'x 362 (11th Cir. 2009).unpublished
- United States v. Michael Mays, 350 F. App'x 396 (11th Cir. 2009).unpublished
- United States v. Anastasio Moore, 253 F.3d 607 (11th Cir. 2001).published
- United States v. Jose Jesus Alvarez-Coria, 447 F.3d 1340 (11th Cir. 2006).published
- United States v. Hristomir Boyanov Hristov, 466 F.3d 949 (11th Cir. 2006).published
- United States v. Laboyce Kennard, 472 F.3d 851 (11th Cir. 2006).published
- United States v. Oscar Martinez, 486 F.3d 1239 (11th Cir. 2007).published
- United States v. Browne, 505 F.3d 1229 (11th Cir. 2007).published
- United States v. Robison, 505 F.3d 1208 (11th Cir. 2007).published
- United States v. Williams, 526 F.3d 1312 (11th Cir. 2008).published
- United States v. Felts, 579 F.3d 1341 (11th Cir. 2009).published
- United States v. Jeffrey Bernard Beeman, 386 F. App'x 827 (11th Cir. 2010).unpublished
- United States v. Ramon Santos, 397 F. App'x 583 (11th Cir. 2010).unpublished
- United States v. Hasmukh C. Patel, 400 F. App'x 426 (11th Cir. 2010).unpublished
- United States v. Williams, 627 F.3d 839 (11th Cir. 2010).published
- United States v. Webb, 655 F.3d 1238 (11th Cir. 2011).published
- Fid. Interior Constr., Inc. v. Se. Carpenters Reg'l Council, 675 F.3d 1250 (11th Cir. 2012).published
- United States v. Joseph Byron Walden, 478 F. App'x 571 (11th Cir. 2012).unpublished
- United States v. Brian William Schumaker, 479 F. App'x 878 (11th Cir. 2012).unpublished
- United States v. Robert Daniels, 685 F.3d 1237 (11th Cir. 2012).published
- United States v. George Joseph England, 489 F. App'x 299 (11th Cir. 2012).unpublished
- United States v. Roland Deangelo Martin, 490 F. App'x 255 (11th Cir. 2012).unpublished
- United States v. Bidemi Bello, No. 11-15054 (11th Cir. Oct. 19, 2012).unpublished
- United States v. Bidemi Bello, 503 F. App'x 910 (11th Cir. 2013).unpublished
- United States v. Valarian Jaymonn Brown, 513 F. App'x 830 (11th Cir. 2013).unpublished
- United States v. Tina Schneider, 513 F. App'x 861 (11th Cir. 2013).unpublished
- United States v. Trenton A. Copeland, 518 F. App'x 786 (11th Cir. 2013).unpublished
- Williamson v. State, 685 S.E.2d 784 (Ga. Ct. App. 2009).published
- Perez-Castillo v. State, 572 S.E.2d 657 (Ga. Ct. App. 2002).published
- United States v. Travis McGhee, 553 F. App'x 895 (11th Cir. 2014).unpublished
- United States v. Esnel Isnadin, 742 F.3d 1278 (11th Cir. 2014).published
- United States v. Jared L. Hester, 565 F. App'x 817 (11th Cir. 2014).unpublished
- United States v. Badra Kaba, 568 F. App'x 882 (11th Cir. 2014).unpublished
- United States v. Willie James Haugabrook, 576 F. App'x 918 (11th Cir. 2014).unpublished
- United States v. Timothy McNeal, 591 F. App'x 760 (11th Cir. 2014).unpublished
- United States v. Rex Anyanwu, 598 F. App'x 618 (11th Cir. 2015).unpublished
- United States v. Daniel Rodriguez, 591 F. App'x 897 (11th Cir. 2015).unpublished
- United States v. Eugenia Williams-Hill, 592 F. App'x 889 (11th Cir. 2015).unpublished
- U.S. Sec. & Exch. Comm'n v. Big Apple Consulting USA, Inc., 783 F.3d 786 (11th Cir. 2015).published
- United States v. Michael Renard Albury, Jr., 782 F.3d 1285 (11th Cir. 2015).published
- United States v. Juan Rene Caro, 454 F. App'x 817 (11th Cir. 2012).unpublished
- United States v. Myers, 430 F. App'x 812 (11th Cir. 2011).unpublished
- United States v. Carver, 422 F. App'x 796 (11th Cir. 2011).unpublished
- United States v. Viramontes, 419 F. App'x 938 (11th Cir. 2011).unpublished
- United States v. Carlos Mauricio Abarca, 402 F. App'x 494 (11th Cir. 2010).unpublished
- United States v. Alexei Jubiel, 377 F. App'x 925 (11th Cir. 2010).unpublished
- United States v. Joseph Piquet, 372 F. App'x 42 (11th Cir. 2010).unpublished
- United States v. Shahrazad Mir Gholikhan, 370 F. App'x 987 (11th Cir. 2010).unpublished
- United States v. Sharon Johnston, 322 F. App'x 660 (11th Cir. 2009).unpublished
- United States v. Jorge Fernandez Martinez, 317 F. App'x 929 (11th Cir. 2009).unpublished
- United States v. Jorge M. Muentes, 316 F. App'x 921 (11th Cir. 2009).unpublished
- United States v. Anthony Alexander Bridgewater, 317 F. App'x 906 (11th Cir. 2009).unpublished
- United States v. Anthony Lee Erity, 631 F. App'x 671 (11th Cir. 2015).unpublished
- United States v. William Thomas Crane, 635 F. App'x 661 (11th Cir. 2015).unpublished
- United States v. Fausto Aguero Alvarado, 808 F.3d 474 (11th Cir. 2015).published
- United States v. Ralph Jason Miller, 819 F.3d 1314 (11th Cir. 2016).published
- United States v. Peter E. Clay, 832 F.3d 1259 (11th Cir. 2016).published
- United States v. Carmen Gonzalez, 834 F.3d 1206 (11th Cir. 2016).published
- United States v. Antonio Farias, 836 F.3d 1315 (11th Cir. 2016).published
- United States v. Isaac Seabrooks, 839 F.3d 1326 (11th Cir. 2016).published
- United States v. Raymundo Garcia-Benites, 702 F. App'x 818 (11th Cir. 2017).unpublished
- United States v. Chelsey Mayweather, 991 F.3d 1163 (11th Cir. 2021).published
- United States v. Schimmel, 317 F. App'x 906 (11th Cir. 2009).unpublished
- United States v. Mackroy, 643 F. App'x 834 (11th Cir. 2016).unpublished
- United States v. Johnson, 645 F. App'x 954 (11th Cir. 2016).unpublished
- Kleckley, No. 0:19-cv-62972 (S.D. Fla. Sept. 23, 2026).
- United States v. Mintmire, 507 F.3d 1273 (11th Cir. 2007).published
- United States v. Wilk, 572 F.3d 1229 (11th Cir. 2009).published
- United States v. Lee, 586 F.3d 859 (11th Cir. 2009).published
- United States v. Brandon Terrell Forrest, 420 F. App'x 949 (11th Cir. 2011).unpublished
- United States v. Stephen Charles Norrell, 437 F. App'x 881 (11th Cir. 2011).unpublished
- United States v. Vernon A. Roberts, 464 F. App'x 796 (11th Cir. 2012).unpublished
- United States v. Frederick Wardell Mitchell, 445 F. App'x 219 (11th Cir. 2011).unpublished
- United States v. Michael Albert Focia, 869 F.3d 1269 (11th Cir. 2017).published
At page 1269 Interpreting statute plain language regarding manufacturing proof14 citing cases“in interpreting the meaning of a statute, it is axiomatic that a court must begin with the plain language of the statute.”
- Madaio, No. 1:25-cv-20300 (S.D. Fla. Mar. 26, 2026).See Jimenez v. Quarterman, 555 U.S. 113, 118 (2009) (“As with any question of statutory interpretation, our analysis begins with the plain language of the statute.” (citing Lamie v. United States Trustee, 540 U.S. 526, 534 (2004))); BellSo…
- BellSouth Telecomm., Inc. v. Town of Palm Beach, 252 F.3d 1169 (11th Cir. 2001).published
- Florida Right to Life v. Lawson Lamar, 273 F.3d 1318 (11th Cir. 2001).published
- United States v. Pedro Luis Christopher Tinoco, 304 F.3d 1088 (11th Cir. 2002).published
- United States v. Geovanni Quintero Rendon, 354 F.3d 1320 (11th Cir. 2003).published
- United States v. El-Hajjaoui, 227 F.3d 1274 (10th Cir. 2000).published
- United States v. Joga Singh Johal, 421 F.3d 955 (9th Cir. 2005).published
- United States v. Joga Singh Johal, 428 F.3d 823 (9th Cir. 2005).published
- Nationwide Mut. Co. v. Ft. Myers Total Rehab Ctr., Inc., 657 F. Supp. 2d 1279 (M.D. Fla. 2009).published
- Young v. West Publ'g Corp., 724 F. Supp. 2d 1268 (S.D. Fla. 2010).published
Show 1 more citing case
- United States v. Gerald Eugene Bennett, 368 F.3d 1343 (11th Cir. 2004).published
At page 1271 Analyzing jury instruction regarding reasonable cause to believe10 citing cases“probably responsible for an incorrect verdict, leading to substantial injustice.”
- United States v. Brandon Redmond, No. 23-11640 (11th Cir. Aug. 23, 2024).unpublished “Where a party did not object to a jury instruction in the district court, we review that instruction for plain error.” United States v. Prather, 205 F.3d 1265, 1270 (11th Cir. 2000) (citing Fed. R.
- United States v. Fredric Blair Layne, 259 F. App'x 183 (11th Cir. 2007).unpublished
- United States v. Jones, 504 F.3d 1218 (11th Cir. 2007).published
- United States v. Mark S. Maggert, 428 F. App'x 874 (11th Cir. 2011).unpublished
- United States v. Chase Alone Iron Eyes, 367 F.3d 781 (8th Cir. 2004).published
- United States v. Charles Keith Sumner, 522 F. App'x 806 (11th Cir. 2013).unpublished
- United States v. Frank Padron Fuentes, 537 F. App'x 921 (11th Cir. 2013).unpublished
- Smith v. Homes Today, Inc. (In Re Smith), 296 B.R. 46 (Bankr. M.D. Ala. 2003).published
- United States v. Schella Hope, 608 F. App'x 831 (11th Cir. 2015).unpublished
At page 1272 Excluding evidence and special assessment validity5 citing casesstating that both parties agreed that the district court had erred by levying a special assessment of $100 per count against Prather because the Ex Post Facto Clause of the Constitution forbids retroactive application of criminal sanctions
- United States v. Bahman Mansoori, 304 F.3d 635 (7th Cir. 2002).published
- United States v. Climmie Jones, Jr., 489 F.3d 243 (6th Cir. 2007).published
- United States v. Terri L. Decubas, 506 F. App'x 986 (11th Cir. 2013).unpublished
- People v. Earl, 845 N.W.2d 721 (Mich. 2014).published
- United States v. Mansoori, Bahman, No. 99-1492 (7th Cir. Aug. 29, 2002).published
At page 1333 cited at this page1 citing case
- United States v. Jordan Leahy, 152 F.4th 1356 (11th Cir. 2025).publishedOur review is for harmless error, so we will vacate the conviction only if “we are left with a substantial and in- eradicable doubt as to whether the jury was properly guided in its deliberations.” Id. at 1333 (internal quotation marks omi…
v.
Vernon Victor PRATHER, Jr., A.K.A. “Billy”, Defendant-Appellant
Vernon Victor Prather appeals his conviction for conspiracy to distribute pseu-doephedrine in violation of 21 U.S.C. §§ 861(d)(2) and 846, distribution of pseu-doephedrine in violation of 21 U.S.C. § 841(d)(2) and 18 U.S.C. § 2, and money laundering in violation of 18 U.S.C. §§ 2 and 1957(a). Prather asks this Court to discharge him, vacating his conviction and sentence or, alternatively, to grant him a new trial. We affirm Prather’s conviction and sentence, with the exception of the imposition of the special assessment.
[*1268] BACKGROUND
Prather was president and sole stockholder of X-Pressive Looks, Inc. (“XLI”), a Florida-based mail-order corporation with offices in Florida, Georgia, and California. XLI distributed miscellaneous items, including over-the-counter pharmaceuticals. During 1994 and 1995, approximately 80% of XLI’s business was derived from the distribution of pseudoephedrine, which is commonly marketed as a nasal decongestant. Pseudoephedrine is also a “listed chemical” under 21 U.S.C. §§ 802(33) and 802(34), and 21 C.F.R. § 1310.02(a)(ll), because it can be used as an ingredient to manufacture methamphetamine, a controlled substance. XLI generally distributed pseudoephedrine in cases containing 75 bottles, each containing 1,000 tablets. Between April 1994 and August 1995, XLI distributed more than 830 million tablets of pseudoephedrine to 173 wholesale customers, including several “head shops” and numerous individuals. The vast majority of those customers lacked business licenses, and many had the pseudoephedrine shipped directly to their home addresses.
At trial, the government presented evidence that, beginning in September 1994, Prather knew from numerous sources that his product was being diverted from the legitimate market for the illegal manufacture of methamphetamine. In addition to other evidence, the jury heard testimony from Alberto Saa that in late 1994 or early 1995, he contacted Prather at XLI about purchasing 100 cases of pseudoephedrine per week, to be shipped to his home address. He testified that Prather informed him that such an arrangement “wasn’t a good idea” because the “cops would be hot on” both Prather and Saa, and instructed Saa to buy from one of XLI’s “head shop” customers instead.
The government also presented testimony that Prather specifically knew that in 1994 and 1995, several of his customers were investigated by law enforcement agencies and had pseudoephedrine shipments seized by authorities. Prather continued to sell shipments to these customers after the seizure. In May 1995, Prather obtained from a law firm an opinion letter advising Prather that selling millions of pseudoephedrine tablets to small outlets might be considered prima facie evidence of an intent to violate the law. On May 31, 1995, the DEA executed search warrants at XLI’s Atlanta offices, seizing, among other items, more than 500 cases of pseu-doephedrine. After the search, XLI significantly raised the price of its pseu-doephedrine, and its customers continued to buy hundreds of cases. Finally, Prather’s sales manager Daniel Matta, who was also indicted, pled guilty to the charges against him and testified against Prather at Prather’s trial.
Prather was ultimately convicted of: 1) one count of violating 21 U.S.C. § 846 by conspiring to distribute pseudoephedrine, a listed chemical, knowing or having reasonable cause to believe that the chemical would be used to manufacture a controlled substance; 2) ten counts of violating 21 U.S.C. § 841(d)(2) by actually distributing pseudoephedrine, knowing or having reasonable cause to believe that it would be used to manufacture a controlled substance; and 3) five counts of violating 18 U.S.C. §§ 2 and 1957 by engaging in monetary transactions in criminally derived property in excess of $10,000. He was sentenced to a 14 year term of incarceration, followed by 3 years of supervised release. He was ordered to pay a fine of $175,000 and a special assessment of $100 for each of the sixteen counts on which he was convicted. Prather appeals his conviction and the imposition of the special assessment.
DISCUSSION
Prather’s convictions for conspiracy and money laundering are predicated on his convictions under 18 U.S.C. § 241(d)(2) for distributing pseudoephedrine knowing or having reasonable cause to believe that the pseudoephedrine would be used to manu[*1269] facture methamphetamine. Section 841(d) provides that:
Any person who knowingly or intentionally — ... (2) possesses or distributes a listed chemical knowing, or having reasonable cause to believe, that the listed chemical will be used to manufacture a controlled substance ... shall be fined ... or imprisoned.
Prather challenges his conviction and sentence on several grounds. First, he contends that the government failed to prove that the listed chemicals he sold were actually used to manufacture a controlled substance, which he claims constitutes an element of the crime. Second, he contends that the district court judge’s jury instructions were so erroneous as to justify overturning his conviction or granting a new trial. Third, he argues that the judge’s refusal to allow the defense to play a previously recorded tape of a government witness during cross-examination violated the Confrontation Clause and the Federal Rules of Evidence. Finally, Prather argues that the trial judge violated the Federal Sentencing Guidelines and the Ex Post Facto Clause by imposing the special assessment as he did. We address each argument in turn.
I. Sufficiency of the Evidence to Prove a Violation of the Statute
The basis of Prather’s argument that the evidence presented against him was insufficient to support a conviction is his contention that he cannot be convicted under Section 841(d)(2) until a controlled substance has been produced. Because the government failed to prove that any of the pseudoephedrine he distributed was actually used to manufacture methamphetamine, Prather contends that he should not have been convicted on the substantive distribution counts, and therefore on the conspiracy and money laundering counts.
In interpreting the meaning of a statute, it is axiomatic that a court must begin with the plain language of the statute. On its face, Section 841(d)(2) criminalizes the distribution of a listed chemical with knowledge that the chemical mil be used to manufacture a controlled substance. The plain language of the statute requires only knowledge of the present intent to violate the law, not the actual accomplishment of the act. The plain meaning of these words indicates that, in enacting this statute, Congress did not intend to require proof that the controlled substance had actually been manufactured. Rather, the words themselves tell us that the controlled substance in question will not have been manufactured at the moment when the crime is complete. We have found no authority that supports any other reading of the plain language of Section 841(d)(2).
We note that all of our sister courts that have considered the issue have likewise construed Section 841(d)(2). In United States v. Green, the Seventh Circuit explicitly rejected, as we do here, a contention identical to Prather’s, finding that it was unsupported by either the language of the statute, the statute’s legislative history, or any caselaw. See 779 F.2d 1313, 1319 (7th Cir.1985). That court instead found that “the plain language of the statute reveals that Congress intended to impose a broad prohibition against the manufacture of [methamphetamine] as well as the possession of [pseudoephedrine] when knowing or having reasonable cause to believe the [pseudoephedrine] would be. used to manufacture [methamphetamine].” Id. The Fifth and Tenth Circuits have similarly upheld convictions under Section 841(d)(2) where the government has not proved that a controlled substance was actually manufactured from the listed chemical in question. See United States v. Benbrook, 40 F.3d 88, 94 (5th Cir.1994) (holding that Section 841(d)(2) “does not require the possessor [of a listed chemical] to be either in the process of manufacturing the drug or presently able to do so to be guilty”); United States v. Washington, 858 F.2d 590, 594 (10th Cir.1988) (upholding a conviction based on the government’s “theory that the [listed chemical] ... eventually[*1270] would be used to arrive at [a controlled substance]”).
Additional support for this reading of Section 841(d)(2) is provided by precedent from our own Circuit. In United States v. Hyde, a panel of this Court held that “[violation of section 841(d)(2) presumes that the final product, the controlled substance, has not yet been manufactured.” 977 F.2d 1436, 1439 (11th Cir.1992). Although this language may not precisely answer the question before us, it leans decidedly in the direction of answering that question in the negative. The panel explained that “[t]o violate section 841(d)(2), possession of a precursor chemical must be coupled with the knowledge that it would be manufactured into a controlled substance.” Id. There is no mention of the need to prove that it was in fact so converted. We conclude that Section 841(d)(2) does not require proof that a listed chemical was actually used to manufacture a controlled substance.
II. Jury Instructions
We review the legal correctness of a jury instruction de novo, see United States v. Tokars, 95 F.3d 1520, 1531 (11th Cir.1996), but defer on questions of phrasing absent an abuse of discretion, see United States v. Starke, 62 F.3d 1374, 1380 (11th Cir.1995). Generally, district courts “have broad discretion in formulating jury instructions provided that the charge as a whole accurately reflects the law and the facts,” and we will not reverse a conviction on the basis of a jury charge unless “the issues of law were presented inaccurately, or the charge improperly guided the jury in such a substantial way as to violate due process.” United States v. Arias, 984 F.2d 1139, 1143 (11th Cir.1993) (internal quotation marks omitted). Where a party did not object to a jury instruction in the district court, we review that instruction for plain error. Fed.R.Crim.P. 30, 52(b).
Section 841(d)(2) criminalizes the distribution of a listed chemical when the distributor knows or has “reasonable cause to believe” that the chemical will be used to manufacture a controlled substance. In order to find that Prather was guilty under any of the twelve counts charging him with violating the statute, the jury thus needed to find either that he knew the pseu-doephedrine would be used to manufacture methamphetamine or that he had reasonable cause to believe that it would be. Accordingly, the trial judge instructed the jury on both knowledge and “reasonable cause to believe.” Prather challenges both sets of instructions. When the jury returned its verdict, it specified in a special verdict that it found Prather guilty under nine counts because he knew that the pseudoephedrine would be used to manufacture a controlled substance, and under one count because he had reasonable cause to believe that it would be.
A. Instructions Regarding Actual Knowledge
Under both the statute and binding precedent in this Circuit, the knowledge element of a violation of a criminal statute can be proved by demonstrating either actual knowledge or deliberate ignorance. “This Court has consistently recognized deliberate ignorance of criminal activity as the equivalent of knowledge.” Arias, 984 F.2d at 1143 (internal quotation marks omitted). “The deliberate ignorance instruction is based on the alternative to the actual knowledge requirement at common law that if a party has his suspicions aroused but then deliberately omits to make further enquiries, because he wishes to remain in ignorance, he is deemed to have knowledge.” United States v. Rivera, 944 F.2d 1563, 1570 (11th Cir.1991) (internal quotation marks omitted). Although we recognize that the delivery of such an instruction is proper “only in those comparatively rare cases where ... there are facts that point in the direction of deliberate ignorance,” id., we are satisfied that there was sufficient evidence in this case to warrant an instruction on deliberate ignorance. We find no merit to Prather’s suggestion that Congress intended to preclude an instruction on deliberate ignorance by adding “having[*1271] reasonable cause to believe” as an alternative element of guilt. [1]
B. Jury Instmction Regarding Reasonable Cause to Believe
The jury convicted Prather on Count Seven on the basis of its conclusion that, as to this count, he had “reasonable cause to believe” that the pseudoephedrine was going to be used for illegal purposes. Prather argues that his conviction on this count must be reversed because the jury instructions explaining “reasonable cause to believe” were erroneous. Specifically, he argues that the trial court should have instructed the jury that, in order to find him guilty on this basis, they must also find that he acted in bad faith.
In its initial instruction to the jury on “reasonable cause to believe,” the trial judge stated that:
[T]he government must show that based on the facts known to the defendant— although not showing actual knowledge of the defendant — based on these facts, these facts would cause a reasonable person knowing those facts to reasonably conclude that the pseudoephedrine was being diverted to the illegal manufacture of a controlled substance....
[T]he question is what would a reasonable person reasonably have believed based on the evidence known to the defendant.
After deliberating for some time, the jury requested further instructions to clarify the standards. In those instructions, the judge attempted to explicate further the “reasonable cause to believe” standard by explaining:
[Wjhat it seems to me that it’s getting at is requiring people to exercise reasonable or ordinary care in the conduct of a business involving listed chemicals. Here the focus is not on what it is proven that he actually knew. Here the standard is[,] based on what he did know, would a reasonable person, an abstract reasonable person have cause to believe that the pseudoephedrine in the count would be diverted.
Prather urges this Court to find both that the initial instruction was faulty because it failed to include a bad faith requirement, and that the supplemental instruction compounded this error by reducing the “reasonable cause to believe” standard to a negligence standard.
Because Prather failed to object to this instruction at trial, we review for plain error. See Starke, 62 F.3d at 1380-81. A reversal based on plain error requires that the challenged instruction be a plainly incorrect statement of the law and:
that it was probably responsible for an incorrect verdict, leading to substantial injustice.... If the instruction will mislead the jury or leave the jury to speculate as to an essential point of law, the error is sufficiently fundamental to warrant a new trial despite a party’s failure to state a proper objection.
Montgomery v. Noga, 168 F.3d 1282, 1294 (11th Cir.1999) (internal quotation marks and citation omitted). Under the facts of this case, we cannot say that the instructions would be “probably responsible for an incorrect verdict, leading to substantial injustice.” Id. There was overwhelming evidence showing that Prather had actual knowledge of the illegal purposes for which his product was used. Indeed, the jury found him guilty on this basis with respect to nine counts of the indictment. Based upon this record, and in light of the jury verdicts finding knowledge during the time frame both before and after the conduct charged in Count Seven, we find that there was no plain error in instructing the jury.
III. Exclusion of Taped Testimony
Finally, Prather contends that the district court erred in refusing to allow him to use a tape-recorded conversation in[*1272] his cross-examination of government witness Matta either as impeachment evidence or to refresh Matta’s recollection. The district court refused to admit the tape recording in evidence because Prather had violated the Rule 16 pre-trial discovery order by neglecting to disclose the existence of the tape to the prosecution. We note initially that Prather neither sought an opportunity to permit Matta to review the recorded testimony privately to refresh his recollection, nor made the trial judge aware that this was the nature of his objection. Rather, he sought only to play the tape in question before the jury. Based on this record, we conclude that the district court judge did not abuse his discretion by excluding the tape recording as a sanction for failing to comply with the discovery order. Moreover, even if the judge abused his discretion by failing to allow the evidence for the purpose of refreshing Matta’s recollection, the error did not affect Prather’s substantial rights or violate Prather’s Confrontation Clause rights. “A defendant’s confrontation rights are satisfied when the cross-examination permitted exposes the jury to the facts sufficient to evaluate the credibility of the witnesses and enables defense counsel to establish a record from which he can properly argue why the witness is less than reliable.” Mills v. Singletary, 161 F.3d 1273, 1288 (11th Cir.1998). Prather had ample opportunity, which he utilized, to impeach Matta’s credibility by, among other methods, eliciting both testimony about Matta’s plea agreement with the government, and admissions that Matta “may have” made statements to investigators and government agents attesting to Prather’s law abiding nature. The jurors had sufficient cross-examination testimony and evidence before them to enable them to judge the credibility of Matta as a government witness.
IV. Special Assessment Amount
Both parties agree that the district court erred in levying a special assessment of $100 per count against Prather pursuant to 18 U.S.C. § 3013(a)(2)(A). The statutory special assessment amount for the crimes of which Prather was convicted was raised from $50 to $100 for offenses taking place on or after April 24, 1996. Although Prather was convicted after that date, all of the offenses of which he was convicted were committed prior to that date. Because the Ex Post Facto Clause of the Constitution forbids retroactive application of criminal sanctions, we vacate the special assessment and remand for recalculation at the rate of $50 per count.
AFFIRMED IN PART, REVERSED IN PART, and REMANDED for recalculation of the special assessment.
. We reject Prather’s argument that the ad hoc examples used by the trial judge to illustrate his instructions on actual knowledge and deliberate ignorance constituted reversible error in this case.