[Federal Register Volume 72, Number 232 (Tuesday, December 4, 2007)]
[Notices]
[Pages 68196-68197]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-23476]


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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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