United States v. Phifer

The Eleventh Circuit held that the DEA's regulatory definition of "positional isomer" did not unambiguously apply to the use of that term as it pertained to butylone and ethylone in this case. Therefore, the court vacated defendant's conviction of possession with intent to distribute a controlled substance where the substance involved was ethylone. The court explained that ethylone constitutes a controlled substance only if it is a "positional isomer" of butylone. View "United States v. Phifer" on Justia Law