U.S. V. MCFADDEN: FOURTH CIRCUIT READS SCIENTER OUT OF ANALOGUE ENFORCEMENT ACTUniversity of South Carolina Law Review (2015)
AbstractThis note argues that the Fourth Circuit incorrectly applied the Controlled Substances Enforcement Act of 1986 (AEA) in United States v. McFadden because it’s analysis fails to recognize the appropriate mens rea or scienter required by the AEA. Part II of this note provides a brief history of the AEA and explains the mechanics of its application. Part III examines the different approaches taken by the federal circuits in applying the AEA. Part IV examines how the Fourth Circuit’s ruling in McFadden (A) incorrectly reads a scienter requirement out of the statute by ignoring 21 U.S.C. § 841(a), (B) ignores the legislative history which specifically discusses this scienter requirement, and (C) improperly creates a strict liability crime.
Publication DateSpring 2015
Citation InformationTodd J. Bruno, United States v. Mcfadden: Fourth Circuit Reads Scienter Out of Analogue Enforcement Act, 66 S.C. L. Rev. 909 (2015)