[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]
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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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