Brian Mulligan v. James Nichols, et al

Filing

FILED OPINION (RICHARD R. CLIFTON, SANDRA S. IKUTA and FREDERIC BLOCK) Mulligan has filed a motion for judicial notice of a felony complaint against Officer Nichols arising from the same conduct that was the subject of the sexual assault allegations. The complaint was filed on February 16, 2016, more than two years after the trial concluded. It could not have been considered by the district court at the time it made its evidentiary determinations, so we deny the motion. We do not have reason to consider whether the fact of a felony complaint filed prior to trial would have been admissible. AFFIRMED; Judge: RRC Authoring, FILED AND ENTERED JUDGMENT. [10103596] [14-55278, 14-55763]

Case: 14-55278, 08/29/2016, ID: 10103596, DktEntry: 85-2, Page 1 of 1

Drug Fact Sheet
Bath Salts or Designer Cathinones (Synthetic
Stimulants)
Overview
Overview
Synthetic stimulants that are marketed as “bath salts” are often found in a number of retail products. These synthetic
Synthetic stimulants that are marketed as “bath salts” are often found in a number of retail products. These synthetic
stimulants are chemicals. The chemicals are synthetic derivatives of cathinone, a central nervous system stimulant,
stimulants are chemicals. The chemicals are synthetic derivatives of cathinone, a central nervous system stimulant,
which is an active chemical found naturally in the khat plant. Mephedrone and MDPV (3-4 methylenewhich is an active chemical found naturally in the khat plant. Mephedrone and MDPV (3-4 methylenedioxypyrovalerone) are two of the designer cathinones most commonly found in these “bath salt” products. Many of
dioxypyrovalerone) are two of the designer cathinones most commonly found in these “bath salt” products. Many of
these products are sold over the Internet, in convenience stores, and in “head shops.”
these products are sold over the Internet, in convenience stores, and in “head shops.”

Street names
Street names
Bilss, Blue Silk, Cloud Nine, Drone, Energy-1, Ivory Wave, Lunar Wave, Meow Meow, Ocean Burst, Pure Ivory, Purple
Bilss, Blue Silk, Cloud Nine, Drone, Energy-1, Ivory Wave, Lunar Wave, Meow Meow, Ocean Burst, Pure Ivory, Purple
Wave, Red Dove, Snow Leopard, Stardust, Vanilla Sky, White Dove, White Knight, White Lightening
Wave, Red Dove, Snow Leopard, Stardust, Vanilla Sky, White Dove, White Knight, White Lightening

Looks like
Looks like
“Bath salt” stimulant products are sold in powder form in small plastic or foil packages of 200 and 500 milligrams under
“Bath salt” stimulant products are sold in powder form in small plastic or foil packages of 200 and 500 milligrams under
various brand names. Mephedrone is a fine white, off-white, or slightly yellow-colored powder. It can also be found in
various brand names. Mephedrone is a fine white, off-white, or slightly yellow-colored powder. It can also be found in
tablet and capsule form. MDPV is a fine white or off-white powder.
tablet and capsule form. MDPV is a fine white or off-white powder.

16
3, 20
st 2smoked, or put into a solution and
“Bath salts” are usually ingested by sniffing/snorting. They can also be takengorally, smoked, or put into a solution and
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“Bath salts” are usually ingested by sniffing/snorting. They can also be taken orally,
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injected into veins.
injected into veins.
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Affect on mind
Affect on mind
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People who abuse these substances have reported agitation, insomnia, irritability, dizziness, depression, paranoia,
People who abuse these substances have reported agitation, insomnia, irritability, dizziness, depression, paranoia,
v. Ni
anthoughts, seizures, and panic attacks. Users have also reported effects including impaired
delusions, ullig
delusions, suicidal thoughts, seizures, and panic attacks. Users have also reported effects including impaired
M suicidal
Methods of abuse
Methods of abuse

perception of reality, reduced motor control, and decreased ability to think clearly.
perception of reality, reduced motor control, and decreased ability to think clearly.

Affect on body
Affect on body
Cathinone derivatives act as central nervous system stimulants causing rapid heart rate (which may lead to heart
Cathinone derivatives act as central nervous system stimulants causing rapid heart rate (which may lead to heart
attacks and strokes), chest pains, nosebleeds, sweating, nausea, and vomiting.
attacks and strokes), chest pains, nosebleeds, sweating, nausea, and vomiting.

Drugs causing similar effects
Drugs causing similar effects
Drugs that have similar effects include: amphetamines, cocaine, Khat, LSD, and MDMA.
Drugs that have similar effects include: amphetamines, cocaine, Khat, LSD, and MDMA.

Overdose effects
Overdose effects
These substances are usually marketed with the warning “not intended for human consumption.” Any time that users
These substances are usually marketed with the warning “not intended for human consumption.” Any time that users
put uncontrolled or unregulated substances into their bodies, the effects are unknown and can be dangerous.
put uncontrolled or unregulated substances into their bodies, the effects are unknown and can be dangerous.

Legal status in the United States
Legal status in the United States
On Friday, October 21, 2011, DEA published a final order in the Federal Register exercising its emergency scheduling
On Friday, October 21, 2011, DEA published a final order in the Federal Register exercising its emergency scheduling
authority to control three synthetic stimulants that are used to make bath salts, including: Mephedrone, 3,4
authority to control three synthetic stimulants that are used to make bath salts, including: Mephedrone, 3,4
methylenedioxypyrovalerone (MDPV) and Methylone. Except as authorized by law, this action makes possessing and
methylenedioxypyrovalerone (MDPV) and Methylone. Except as authorized by law, this action makes possessing and
selling these chemicals, or the products that contain them, illegal in the United States. This emergency action was
selling these chemicals, or the products that contain them, illegal in the United States. This emergency action was

necessary to prevent an imminent threat to the public safety. The temporary scheduling action will remain in effect for
necessary to prevent an imminent threat to the public safety. The temporary scheduling action will remain in effect for
at least one year while the DEA and the United States Department of Health and Human Services (DHHS) further study
at least one year while the DEA and the United States Department of Health and Human Services (DHHS) further study
whether these chemicals should be permanently controlled. As a result of this order, these synthetic stimulants are
whether these chemicals should be permanently controlled. As a result of this order, these synthetic stimulants are
designated as Schedule II substances under the Controlled Substances Act. Schedule II status is reserved for those
designated as Schedule substances under the Controlled Substances Act. Schedule status is reserved for those

substances with a high potential for abuse, no currently accepted use for treatment in the United States and a lack of
substances with a high potential for abuse, no currently accepted use for treatment in the United States and a lack of
accepted safety for use of the drug under medical supervision.
accepted safety for use of the drug under medical supervision.

Drug Enforcement origin
Common places of Administration
Common places of origin

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For more information, visit www.dea.gov

Law enforcement officials believe that the stimulant chemicals contained in these products are manufactured in China
Law enforcement officials believe that the stimulant chemicals contained in these products are manufactured in China