US v. Strauss, 999 F. 2d 692 - Court of Appeals, 2nd Circuit 1993

Defendants-appellants Jerome Strauss ( Jerome ) and Adam Strauss ( Adam ) appeal from judgments of conviction entered on December 14, 1992 in the United States District Court for the Eastern District of New York (Mishler, J.). The Strausses were convicted, following a jury trial, on one count of conspiring to hold for sale misbranded and adulterated dog food, in violation of 21 U.S.C. §§ 343(a)(1) and 342(a)(1) and 18 U.S.C. § 371 and on twelve counts of causing false labels to be affixed to dog food with the intent to defraud and mislead, in violation of 21 U.S.C. §§ 331(k), 333(a)(2) and 343(a)(1). Jerome was sentenced to a term of imprisonment of twenty-seven months to be followed by three years of supervised release. Adam was sentenced to a one-year term of probation, four months of which were to be served under house arrest. On appeal, the Strausses principally contend that there was insufficient evidence to prove that they mislabeled or adulterated the dog food, and that, as applied to them, 21 U.S.C. § 343(a)(1) is unconstitutionally vague. For the reasons that follow, the judgments of conviction are affirmed