COMMONWEALTH OF PENNSYLVANIA v. ABDIRISAK MOHAMUD

COMMONWEALTH OF PENNSYLVANIA v. ABDIRISAK MOHAMUD No. 259 WDA 2010 2010 PA Super 224 Atlantic: n/a Filed: 12/6/2010
	Appeal from the Judgment of Sentence January 14, 2010, Court of Common Pleas, Butler County, Criminal Division at Nos. CR-0000117-09 - CP-10-CR-0000930-2009
Before: MUSMANNO, DONOHUE and OTT, JJ.
Opinion by: DONOHUE, J.
Appellant, Abdirisak Mohamud (“Mohamud”), appeals from the trial court’s January 14, 2010 sentence imposing 246 to 492 days of imprisonment, followed by two years of probation for possession with intent to deliver a controlled substance. Mohamud challenges Pennsylvania’s Controlled Substance, Drug, Device and Cosmetic Act (“the Act”), 35 P.S. § 780-101 - § 780-141, as violative of the Due Process Clause of the Fourteenth Amendment to the United States Constitution for lack of fair warning of the proscribed conduct for which he was convicted. After careful analysis, we affirm the judgment of sentence.

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