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Ammar Sabbagh; Denial of Application
FR Doc E7-23476 [Federal Register: December 4, 2007 (Volume 72,
Number 232)] [Notices] [Page 68196-68197] From the Federal Register
Online via GPO Access [wais.access.gpo.gov] [DOCID:fr04de07-103]
DEPARTMENT OF JUSTICE
Drug Enforcement Administration
Ammar Sabbagh; Denial of Application
On June 12, 2006, the Deputy Assistant Administrator, Office of
Diversion Control, Drug Enforcement Administration, issued an Order to
Show Cause to Ammar Sabbagh (Respondent), of Sheridan, Oregon. The Show
Cause Order proposed the denial of Respondent's pending application for
a DEA Certificate of Registration as a distributor of the list I
chemicals ephedrine and pseudoephedrine, on the ground that his "registration
would be inconsistent with the public interest.'' Show Cause Order at 1
(quoting 21
U.S.C. 823(h)). More specifically, the Show Cause Order alleged that
on November 4, 2005, Respondent pled guilty to conspiring to distribute
pseudoephedrine, in violation of 21
U.S.C. 841(c)(2)-(3), and 846.
Id. at 2. The Show Cause Order thus alleged that Respondent's proposed
sales of list I chemical products would be inconsistent with the public
interest. Id. The Show Cause Order further informed Respondent of his
right to request a hearing on the allegations. Id. On June 19, 2006, the
Show Cause Order was served on Respondent by certified mail addressed to
him at his new residence at the Federal Correctional Institution in
Sheridan, Oregon. Since that time, neither Respondent, nor anyone
purporting to represent him, has responded. Because (1) more than thirty
days have passed since service of the Show Cause Order, and (2)
Respondent did not timely request a hearing, I conclude that Respondent
has waived his right to a hearing. See 21
CFR 1301.43(d). I therefore enter this Final Order without a hearing
based on relevant material contained in the investigative file and make
the following findings.
Findings
On December 10, 1999, Respondent applied for a DEA Certificate of
Registration to distribute the list I chemicals ephedrine and
pseudoephedrine. See 21
U.S.C. 802(34). While both chemicals have therapeutic uses, they are
easily extracted from non-prescription drug products and used in the
illicit manufacture of methamphetamine, a schedule II controlled
substance. See 21
CFR 1308.12(d). Methamphetamine is a powerful and addictive central
nervous system stimulant. See Gregg Brothers Wholesale Co., Inc., 71 FR
59830 (2006). As noted in numerous agency orders, the illegal
manufacture and abuse of methamphetamine pose a grave threat to this
country. Methamphetamine abuse has destroyed numerous lives and families
and ravaged communities. Moreover, because of the toxic nature of the
chemicals used to make methamphetamine, its manufacture causes serious
environmental harms. See, e.g., Id. During the course of investigating
Respondent's application, DEA became aware that he was selling large
quantities of pseudoephedrine to an individual he knew was using
methamphetamine. Thereafter, Respondent also began supplying
pseudoephedrine to several methamphetamine traffickers. Respondent also
met with a confidential source and agreed to supply him with twenty to
twenty-five cases a month of pseudoephedrine. On March 2, 2005, a
federal grand jury returned an indictment which charged Respondent with
conspiring to distribute pseudoephedrine, having knowledge and
reasonable cause to believe that it would be used to manufacture
methamphetamine. First Superseding Indictment, United States v. Sabbagh,
et. al., No. CR04-398L, (W.D.Wash.) (citing 21
U.S.C. 841(c) & (e); Id. 846).
On March 10, 2005, Respondent pled guilty to the charge, and on November
4, 2005, the United
[[Page 68197]]
States District Court entered a judgment of conviction. The court
then sentenced Respondent to terms of thirty-six months imprisonment
followed by three years of supervised release. See United States v.
Sabbagh, Judgment at 1-3.
Discussion
Section 303(h) of the CSA provides that "[t]he Attorney General shall
register an applicant to distribute a list I chemical unless the
Attorney General determines that registration of the applicant is
inconsistent with the public interest.'' 21
U.S.C. 823(h). In making this determination, Congress directed that
I consider the following factors:
(1) Maintenance by the applicant of effective controls against
diversion of listed chemicals into other than legitimate channels; (2)
Compliance by the applicant with applicable Federal, State, and local
law; (3) Any prior conviction record of the applicant under Federal or
State laws relating to controlled substances or to chemicals controlled
under Federal or State law; (4) Any past experience of the applicant in
the manufacture and distribution of chemicals; and (5) Such other
factors as are relevant to and consistent with the public health and
safety.
Id. "These factors are considered in the disjunctive.'' Joy's Ideas,
70 FR 33195, 33197 (2005). I may rely on any one or a combination of
factors, and may give each factor the weight I deem appropriate in
determining whether an application for a registration should be denied.
See, e.g., David M. Starr, 71 FR 39367, 39368 (2006); Energy Outlet, 64
FR 14269 (1999). Moreover, I am "not required to make findings as to all
of the factors.'' Hoxie v. DEA, 419 F.3d 477, 482 (6th Cir. 2005);
Morall v. DEA, 412 F.3d 165, 173-74 (D.C. Cir. 2005). Given Respondent's
conviction for conspiring to distribute pseudoephedrine knowing that it
would be used to manufacture methamphetamine, I conclude that factor
three is dispositive and that it is unnecessary to make findings as to
the remaining factors. Respondent's conviction indisputably establishes
that granting him a registration would be "inconsistent with the public
interest.'' 21 U.S.C. 823(h). Respondent's application will therefore be
denied.
Order
Pursuant to the authority vested in me by 21
U.S.C. 823(h), and 28 CFR 0.100(b) & 0.104, I order that the
application of Ammar Sabbagh for a DEA Certificate of Registration as a
distributor of list I chemicals be, and it hereby is, denied. This order
is effective January 3, 2008.
Dated: November 21, 2007.
Michele M. Leonhart,
Deputy Administrator.
[FR Doc. E7-23476 Filed 12-3-07; 8:45 am]
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