Defendant's conviction and sentence for possessing and using a chemical weapon and mail theft, arising from her efforts to poison a former friend, is affirmed where: 1) defendant lacked standing to pursue her Tenth Amendment challenge to the constitutionality of 18 U.S.C. section 229; 2) section 229 is neither vague as applied to defendant's actions nor overbroad in its relation to constitutionally protected behavior; 3) search warrants were validly sought and approved as supported by sufficient evidence; and 4)district court did not err in assigning defendant a two-level sentence enhancement for using a special skill in a manner that significantly facilitated the commission or concealment of the offense.
On Appeal from the United States District Court for the Eastern District of Pennsylvania (D.C. Criminal Action No. 2-07-cr-00528-001)
District Judge: Honorable James T. Giles
Opinion Filed September 17, 2009
Counsel for Appellant: Robert E. Goldman and Eric E. Reed, Fox Rothschild
Counsel for Appellee: Laurie Magid, Acting United States Attorney, Paul G. Shapiro, Assistant United States Attorney