Barbara Keenan

Barbara Keenan

United States Court of Appeals for the 4th Circuit (senior status)

Tenure

2021 - Present

Years in position

3

Prior offices

United States Court of Appeals for the 4th Circuit

Education

SCOTUS vacates Fourth Circuit ruling on narcotics analogues (2015)

See also: United States Court of Appeals for the 4th Circuit (McFadden v. United States)

On June 18, 2015, the U.S. Supreme Court vacated the judgment of a three-judge panel of the United States Court of Appeals for the 4th Circuit in McFadden v. United States. Judge Barbara Keenan wrote the opinion of the panel.

The petitioner, Stephen McFadden, sold bath salts, an aromatherapy product that, when burned, emit a stimulating vapor. McFadden sold bath salts until he learned they were prohibited under the Controlled Substances Analogue Enforcement Act. The Act criminalized the distribution of what the statute defined as analogues to controlled substances. An analogue was defined as a substance whose chemical structure or stimulant effect is substantially similar to a controlled substance. Analogues and controlled substances are prosecuted as one in the same. The government prosecuted McFadden. At trial, McFadden argued that the government was required to prove that he was aware the bath salts were an analogue. A federal district court held that the government only needed to prove that the petitioner knew the products were intended for human consumption. A unanimous panel of the Fourth Circuit, in an opinion by Judge Barbara Keenan, upheld the lower court verdict.

A unanimous Supreme Court vacated the Fourth Circuit's ruling, holding that, under the Act, the government was required to demonstrate that a criminal defendant knew the substance being sold was an analogue to a controlled substance. Justice Clarence Thomas authored the opinion of the court.^[11][12]

1. ↑ Richmond Times-Dispatch', "Keenan confirmed for 4th Circuit judgeship," March 3, 2010
2. ↑ Washington Post: Virginia Politics Blog, "Keenan confirmed, legislators to pick a replacement on Virginia Supreme Court," March 2, 2010
3. ↑ The Blog of Legal Times, "Senate Confirms Nominee for 4th Circuit," March 2, 2010
4. ↑ ^{4.0 4.1 4.2 4.3} Federal Judicial Center, "Biographical directory of federal judges," accessed June 15, 2016
5. ↑ ^{5.0 5.1} Law360, "Judge Keenan's Exit Gives Biden 1st Opening On 4th Circ.," March 1, 2021
6. ↑ The White House, "President Obama Nominates Justice Barbara Milano Keenan for United States Court of Appeals for the 4th Circuit," September 14, 2009
7. ↑ The White House, "Nominations Sent to the Senate," September 14, 2009
8. ↑ Senator Mark Warner, "Statement on White House Nomination of Justice Barbara Keenan for Federal Appeals Court Vacancy," September 14, 2009
9. ↑ American Bar Association, "Rating of Article III judicial nominees, 111th Congress," accessed June 15, 2016
10. ↑ United States Congress, "Biographical directory of federal judges," accessed June 15, 2016
11. ↑ Supreme Court of the United States, McFadden v. United States, decided June 18, 2015
12. ↑ Oyez.org, "McFadden v. United States," accessed October 5, 2017