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The Second Circuit affirmed convictions of a veterinarian and salesperson for manufacturing and distributing undetectable performance-enhancing drugs to racehorse trainers, rejecting arguments that the FDCA’s enhanced penalty provision applies only to fraud against consumers. The court also held that FDCA seizure provisions do not authorize criminal forfeiture and vacated the $25 million restitution and forfeiture orders.

The Ninth Circuit reversed a district court’s denial of an inmate’s motion to vacate under 28 USC 2255. The Court held that the inmate had not pleaded guilty knowingly where he was not informed of the mens rea for unlawful firearm possession under Rehaif, despite evidence that he had previously been sentenced to prison for over a year and had been previously convicted of several felonies.

Appeal from the Middle District of FloridaOpinion by W. Pryor, joined by Rosenbaum and Moore (by designation from S.D. Fla.) Click here to read the opinion.