Memorandum Opinion

A jury convicted Noah Junior Lowe (hereinafter "Lowe") of the charges contained in a two count indictment. Count one charged Lowe with conspiracy to knowingly and intentionally distribute marijuana and valium, and count two charged Lowe with attempting to possess with intent to distribute marijuana.¹ Lowe stands convicted of 21 U.S.C. § 846 violations. Section 846 provides that: "[a]ny person who attempts or conspires to commit any offense defined in [the Controlled Substances Act] shall be subject to the same penalties as those prescribed for the offense, the commission of which was the object of the attempt or conspiracy." The offenses that were the object of the conspiracy, in count one, and the attempt, in count two, are violations of § 841(a), the penalties for which are found in § 841(b).²

Memorandum Opinion and Order

On October 19, 2000, and with the consent of the parties, the court consolidated the plaintiffs' motion for preliminary injunction with a trial on the merits pursuant to Federal Rule of Civil Procedure 65(a)(2). Neither party objected to the consolidation. The plaintiffs submitted the issue on oral argument and brief; the defendant submitted the issue on oral argument. The court ORDERED a permanent injunction, which prevented the defendant from refusing to certify the plaintiffs, Phillips and Frazier, as official write-in candidates for the offices of President and Vice President of the United States provided that such plaintiffs filed a certificate of announcement before October 24, 2000. Further, the court DENIED AS MOOT plaintiffs' motion for preliminary injunction. The court now writes to explain its decision.

Memorandum Opinion and Order

Petitioner, Constance F. Cunningham (“Cunningham”) was formerly a registered nurse at a hospital in Indiana. She acknowledges having once been addicted to Demerol, a Schedule II controlled substance administered in hospitals as a powerful painkiller. Cunningham was charged with removing Demerol from syringes stored in a locked cabinet at the hospital where she worked and concealing the removal by substituting a saline solution for the Demerol. A jury convicted her of violating 18 U.S.C. § 1365(a) which forbids tampering with a consumer product “with reckless disregard for the risk that another person will be placed in danger of death or bodily injury and under circumstances manifesting extreme indifference to such risk.”

Memorandum Opinion and Order

Pending is Plaintiff's motion for summary judgment. The Court GRANTS the motion.