March 12, 2018
Ms. Demetra Ashley
Acting Assistant Administrator
Diversion Control Division
Drug Enforcement Administration
8701 Morrissette Drive
Springfield, VA 22152
Ms. Wendy H. Goggin
Chief Counsel
Office of the General Counsel
Drug Enforcement Administration
8701 Morrissette Drive
Springfield, VA 22152
Mr. James P. Shroba
Special Agent in Charge
St. Louis Division
Drug Enforcement Administration
317 South 16th Street
St. Louis, MO 63103
Dear DEA representatives:
The American Civil Liberties Union (ACLU) of Nebraska respectfully submits
this letter requesting that the United States Drug Enforcement Administration
(DEA) investigate the matters set forth herein, and if the alleged violations are
borne out by the investigation, to immediately notify the Nebraska State
Penitentiary (NSP) that it may not use its current DEA Certificates of Registration
issued to the NSP at 4201 South 14th Street, Lincoln, Nebraska (“the 14th Street
address”) to administer controlled substances during lethal injection executions
and to consider appropriate enforcement action against these registrations
including but not limited to issuing an Immediate Suspension Order and Order to
Show Cause (ISO/OTSC) pursuant to 21 USC 824(a)(1),(4), 824(d), and 823(f).
The 14th Street address is the location of the facility housing the death chamber
where Nebraska intends to carry out lethal injection executions utilizing
controlled substances as part of the execution protocol. The Nebraska
Department of Correctional Services (NDCS) via Director Scott Frakes issued

 written notices on November 9, 20171 and January 19, 20182, respectively, that it
intends to carry out the executions of Jose Sandoval and Carey Dean Moore using
a four-drug cocktail that includes Fentanyl Citrate, a Schedule II controlled
substance, and Diazepam, a Schedule IV controlled substance. The executions
are to be carried out at the NSP. See Neb. Rev. Stat. 83-964; Neb. Admin. Code,
Title 69, Ch. 11.002.
The NSP does not possess a DEA COR to administer controlled substances to Mr.
Sandoval and Mr. Moore during the lethal injection executions, and it does not
meet the statutory and regulatory prerequisites under the Controlled Substances
Act, 21 USC 801 et seq. (the CSA) and DEA regulations to be issued a COR for
this purpose. Instead, the NSP apparently intends to unlawfully use the DEA
registration for a purported hospital/clinic at the 14th Street address to administer
controlled substances to Mr. Sandoval and Mr. Moore during the executions. As
detailed below, that registration only authorizes the NSP to dispense controlled
substances to patients of the hospital/clinic for medical treatment purposes, not for
the purpose of executing individuals who are not patients of the hospital/clinic.
The ACLU of Nebraska has obtained documentary evidence indicating that the
NSP’s proposed unlawful dispensing in the pending executions may be the latest
of several unlawful acts the NSP has committed in order to obtain controlled
substances for lethal injection purposes. The documents indicate that the NSP
may have committed repeated violations of the CSA and DEA regulations since
2011, and the latest of which occurred in or around November 2017 when it
acquired Fentanyl Citrate using its Importer DEA COR.
If borne out by the DEA’s investigation, the NSP’s intended and committed
violations would demonstrate that the NSP’s continued registration is inconsistent
with the public interest (21 USC 824(a)(4)), and constitutes “an imminent danger
to the public health and safety” (21 USC 824(d)). The NSP’s failure to comply
with its obligations as a registrant has created a substantial likelihood that death,
the executions of Mr. Sandoval and Mr. Moore, will occur in the absence of an
immediate suspension of its DEA COR.
A. Factual Background

Attached hereto as Exhibit 1 is the NDCS Letter to Jose Sandoval dated
November 9, 2017 providing notice of substance to be used in execution by lethal
injection. Mr. Sandoval currently has a pending habeas corpus action in the
District Court of Madison County, Nebraska, Case No. CR02-238. As of the date
of this letter, the state has not requested an execution warrant.
1

2

Attached hereto as Exhibit 2 is the NDCS Letter to Carey Dean Moore dated
January 19, 2018 providing notice of substance to be used in execution by lethal
injection. Mr. Moore’s 60 day notice will expire on or about March 21, 2018.

 The NSP is one of several facilities that comprise the NDCS. The NSP is a state
correctional facility located at the 14th Street address that has minimum, medium,
and maximum security units housing prisoners aged twenty-one and over who
have been sentenced to prison terms of varying lengths. See Homepage of NSP
website, attached hereto as Exhibit 3. It also is the location where Nebraska
carries out lethal injection executions. See Title 69, NE Admin. Code, Ch.
11.002. According to the Nebraska Department of Health’s license verification
website, there is only one state-licensed health care facility located at the 14th
Street address -- the “Nebraska State Penitentiary Hospital & Clinic.” According
to the state license for that entity, license No. NH0011, it is a “Skilled Nursing
Facility” authorized by the state of Nebraska to provide three limited services:
physical therapy; respiratory therapy; and behavioral needs. Copies of the NSP’s
Skilled Nursing Facility license and the licensure renewal application filed by the
NSP on or about January 26, 2018, are attached hereto as Exhibit 4.
DEA has issued the NSP two controlled substances registrations at the 14th Street
address: (1) an Importer registration, DEA # RN0414184, which authorizes the
NSP to import Schedule 3N and 4 controlled substances at that address through
the expiration date of October 31, 2018; and (2) a “Hospital/Clinic” registration,
DEA # FN2576708, which authorizes the hospital or clinic located at that address
(presumably, the Skilled Nursing Facility) to dispense Schedule 2-5 controlled
substances through the expiration date of October 31, 2019. Copies of the NSP’s
Importer and Hospital/Clinic DEA registrations are attached hereto, respectively,
as Exhibits 5 and 6.
Another facility associated with the NDCS is the NDCS Pharmacy (the
Pharmacy). It is located at 2620 W. Van Dorn Street, Lincoln, Nebraska, which is
approximately four miles from the NSP. The Nebraska Department of Health has
issued the Pharmacy a Community Pharmacy License, No. 2572, which expires
July 1, 2018. A copy of the Pharmacy’s state license is attached hereto as Exhibit
7.
B. Limits of the NSP’s Current DEA Registrations
As you are aware, DEA registers persons based on the controlled substances
activity set forth in the registration application. 21 CFR 1301.13(e). Each
activity is placed into one of the “groups of controlled substances activities”
which DEA deems “to be independent of each other.” “Dispensing” is its own
grouping, distinct from distributing or manufacturing, and includes the activities
of, among others, a “Hospital/Clinic.” Id. See also 21 USC 822(a)(1), (2)
(providing for separate registration requirements for manufacturers and
distributors as compared to dispensers of controlled substances).
DEA regulations divide those individuals and entities authorized to engage in
dispensing activities into two categories: “individual practitioner” and

 “institutional practitioner.” 21 CFR 1300.01. A hospital or clinic is an
institutional practitioner, which is defined to mean “a hospital or other person
(other than an individual) licensed, registered, or otherwise permitted, by the
United States or the jurisdiction in which it practices, to dispense a controlled
substance in the course of professional practice, . . . .” 21 CFR 1300.01
(Emphasis added). A “dispenser,” according to DEA regulations, includes an
“institutional practitioner . . . who dispenses a controlled substance.” Id. The
NSP’s “Hospital/Clinic” registration, therefore, authorizes the hospital or clinic
located at the 14th Street address, presumably the Skilled Nursing Facility, to
dispense controlled substances “in the course of professional practice” and in
accordance with the license it was issued by the state of Nebraska.
Thus, pursuant to its DEA registration, the Skilled Nursing Facility at the 14th
Street address may “dispense” controlled substances to patients of that
hospital/clinic. The Hospital/Clinic registration, however, does not authorize the
hospital or clinic, or anyone else at that location, to administer controlled
substances to individuals who are not patients of the hospital or clinic. The
delivery of controlled substances to such individuals, therefore, would be beyond
the authority conveyed by the DEA in the NSP’s Hospital/Clinic registration.
The Skilled Nursing Facility’s state license, moreover, effectively limits the
NSP’s authority with respect to the dispensing of controlled substances to
providing health care treatment to residents in the course of the practice of a
medical or health care profession. A “skilled nursing facility” is a facility where
medical care, skilled nursing care, rehabilitation, or related services and
associated health care treatment are provided for a period of more than twentyfour consecutive hours to persons residing at such facility who are ill, injured, or
disabled. 175 Neb. Admin. Code § 12-002 (2018). “Treatment” means a therapy,
modality, product, device, or other intervention used to maintain well-being or to
diagnose, assess, alleviate, or prevent a disability, injury, illness, disease, or other
similar condition. Id. The Skilled-Nursing Facility License, therefore, does not
authorize the NSP to administer lethal injection drugs to prisoners during
executions. Rather, a nursing facility is explicitly required “to provide the
necessary care and treatment to permit achievement and maintenance of optimal
mental, physical, and psychosocial functional status” and independence in
accordance with the comprehensive assessment and plan of care for each
resident. 175 Neb. Admin. Code § 12-006.09D (2018) (emphasis added).
Similarly, under Nebraska law, a “Hospital” is defined to mean “a facility where
diagnosis, treatment, medical care, obstetrical care, nursing care, or related
services are provided . . . to persons who have an illness, injury, or deformity or to
aged or infirm persons requiring or receiving convalescent care.” See Neb. Rev.
Stat. 71-419. Nebraska law defines a “health clinic” to mean “a facility where
advice, counseling, diagnosis, treatment, surgery, care, or services relating to the
preservation or maintenance of health . . . .” Neb. Rev. Stat. 71-416. As these

 definitions show, hospitals and health clinics, pursuant to Nebraska law, are
facilities where person are to receive diagnosis and/or treatment related to some
underlying medical conditions. Prisoners who are to be executed by lethal
injection are not being diagnosed or treated, nor are they being provided any other
form or medical care. As a result, they are clearly not patients of the Skilled
Nursing Facility.
In fact, as discussed above, the Skilled Nursing Facility is only licensed to provide
three limited services: physical therapy; respiratory therapy; and behavioral needs.
See Exhibit 7. Thus, its DEA registration cannot be broadened to allow for the
dispensing of controlled substances beyond the three services for which it has been
licensed by the state.
Furthermore, the NSP’s Skilled Nursing Facility license does not authorize it to
possess controlled substances for lethal injection purposes. Pursuant to Nebraska
law, the possession of a controlled substance or prescription drug by a nursing
facility is prohibited except as may be ordered by a medical practitioner by
prescription for a resident. 175 Neb. Admin. Code § 12-006.12C1 (2018)
(emphasis added). As discussed above, a prisoner awaiting an execution is not a
“resident” of the Skilled Nursing Facility, and the state’s lethal injection laws do
not require a “prescription” prior to the dispensing of controlled substances for
execution.3 See Neb. Rev. Stat. 83-966(2). Consequently, the administration of
controlled substances to these prisoners cannot be accomplished through the use
of the NSP’s Hospital/Clinic registration. The NSP’s intention to use its
Hospital/Clinic registration to administer controlled substances during lethal
injection executions, therefore, constitutes an act for which it is not registered
under the CSA/DEA regulations.
C. The NSP Fails to Satisfy the Legal Prerequisites For a DEA Dispenser
COR
As discussed above, pursuant to federal law, the NSP is not authorized to use its
Hospital/Clinic registration to administer controlled substances in lethal injection
executions, and instead is required to apply for and obtain a separate registration
at the 14th Street address for this purpose. See 21 USC 822(a)(2) (“[e]very person
who dispenses, or who proposes to dispense, any controlled substance, shall
Nor could a Nebraska practitioner lawfully issue a controlled substance
prescription under federal law for lethal injection purposes. Pursuant to 21 CFR
1306.04(a), a controlled substance prescription, “to be effective must be issued for
a legitimate medical purpose by an individual practitioner acting in the usual course
of his professional practice.” As discussed below, Nebraska law states that the
prescribing and dispensing of controlled substances for lethal injection purposes
does not constitute the practice of medicine or any other health-related profession.
See Neb. Rev. Stat. 83-966(1).
3

 obtain from the Attorney General a registration issued in accordance with the
rules and regulations promulgated by him”) (Emphasis added); see also 21 CFR
1301.11(a). However, as explained below, DEA cannot issue the NSP a
dispenser registration for lethal injection purposes because the administration of
controlled substances for lethal injection purposes does not constitute the
dispensing of a controlled substance under the CSA/DEA regulations.
The term “dispense” is defined to mean the delivery of a controlled substance “to
an ultimate user or research subject by, or pursuant to the lawful order of a
practitioner.” 21 USC 802(10) (emphasis added). A “dispenser” is defined to
mean “a practitioner who so delivers a controlled substance to an ultimate user or
research subject.” Id. (emphasis added). A "practitioner" under the CSA includes
a hospital or other person who is authorized by federal or state law to dispense
and administer “a controlled substance in the course of professional practice or
research.” 21 USC 802(21). See also 21 CFR 1300.01 (defining an institutional
practitioner to include “a hospital or other person (other than an individual)” that
is “licensed, registered, or otherwise permitted, by the United States or the
jurisdiction in which it practices, to dispense a controlled substance in the course
of professional practice.” Id. (emphasis added).
The NSP is not a dispenser because neither it nor the Skilled Nursing Facility (the
hospital or clinic located at the 14th Street address) is engaged in “professional
practice” when it administers controlled substances for lethal injection purposes.
Nebraska has enacted a law providing that administering lethal injection drugs
does not constitute the practice of medicine or any other health-related practice.
“Any prescription, preparation, compounding, dispensing, obtaining, or
administration of the substances deemed necessary to perform a lethal injection
shall not constitute the practice of medicine or any other profession relating to
health care which is subject by law to regulation, licensure, or certification.” Neb.
Rev. Stat. 83-966 (emphasis added). It is clear, therefore, that under Nebraska
law, the administration of controlled substances during lethal injection executions
is not “professional practice.” See Joe W. Morgan, M.D., 78 FR 61961, 61964-65
(2013) (defining “professional practice” to mean "[t]he use of one's knowledge in
a particular profession" and "professional activities related to health care and the
actual performance of the duties related to the provision of health care"(quoting
Definitions.net)). Thus, in accordance with Nebraska law, anyone or any entity
who administers controlled substances during lethal injection executions is not a
“practitioner” under the CSA and DEA regulations, and is not a “dispenser.”
DEA, consequently, cannot issue a dispenser registration for anyone or any entity
in Nebraska to perform lethal injection executions using controlled substances.
D. The NDCS Does Not Qualify For The Law Enforcement Exemption
Every person or entity who handles controlled substances must be registered with
DEA or be exempt by regulation from registration. 21 USC 822; 21 CFR

 1301.11. DEA’s regulations provide for a limited exemption from the registration
requirements for (1) law enforcement officials lawfully engaged in the
enforcement of any federal laws relating to controlled substances, or (2) any
officer or employee of any state, or any political subdivision or agency thereof,
who is engaged in the enforcement of any state or local law relating to controlled
substances and is duly authorized to possess controlled substances in the course of
his/her official duties. 21 CFR 1301.24(a). The NDCS/NSP, however, does not
qualify for the DEA regulations’ law enforcement exemption from the CSA’s
registration requirements.
As an initial matter, the law enforcement exemption does not apply to an entire
state agency or department. Rather, the exemption is for an individual “office or
employee” who is engaged in “the enforcement of any state or local laws relating
to controlled substances.” See 21 CFR 1301.24(a). Officers or employees of the
NDCS/NSP are not engaged in the enforcement of controlled substances laws in
Nebraska. Under Nebraska law, the Division of Drug Control of the Nebraska
State Patrol has been vested with “the duty . . . to enforce all of the provisions of
the Uniform Controlled Substances Act and any other provisions of the law
dealing with controlled substances . . . .”. Neb. Rev. Stat. 28-249.
Furthermore, NDCS/NSP correctional officers are not law enforcement officers
under state law. Nebraska defines a “law enforcement officer” to mean any person
who is responsible for the prevention or detection of a crime or the enforcement
of the penal, traffic, or highway laws of the state or any political subdivision of
the state for more than one hundred hours per year and is authorized by law to
make arrests… but law enforcement officer shall not include employees of the
Department of Correctional Services, probation officers under the Nebraska
Probation System, parole officers appointed by the Parole Administrator….” 79
Neb. Admin. Code § 004.29 (2018) (Emphasis added). Consequently, the
NDCS/NSP is not exempt from the requirement to obtain a DEA registration to
procure, possess, and dispense controlled substances for carrying out lethal
injection executions.
E. The NSP’s Potential Unlawful Acquisition of Controlled Substances
Records obtained from the NSP show that on October 12, 2017, approximately
two months after DEA completed an inspection of the 14th Street address and the
NSP applied to renew its Importer registration, the NSP acquired 25 units of
fentanyl 2ml. A copy of the DEA’s August 8, 2017, Inspection report, including
DEA’s Closing Inventory showing no controlled substances on-hand, is attached
hereto as Exhibit 8. A copy of the NSP’s September 1, 2017, renewal application
is attached hereto as Exhibit 9. A copy of the NSP’s October 12, 2017 DEA
Perpetual Inventory (the Inventory) is attached hereto as Exhibit 10.

 Fentanyl is a Schedule 2 controlled substance. See 21 USC 812(c), Schedule II
(b)(6). The Inventory lists the NSP’s Importer registration number, DEA #
RN0414184, at the top of the form, which indicates that the NSP acquired the
fentanyl and has maintained it in stock pursuant to its DEA Importer registration.
The NSP’s DEA Importer registration, however, does not authorize the NSP to
acquire Schedule 2 controlled substances. NSP is only authorized to import
Schedule 3N and 4 controlled substances. See Exhibit 6 (NSP’s current DEA
Importer registration). Thus, if the NSP in fact imported the fentanyl, it violated
federal law by importing a Schedule 2 controlled substance without a DEA
registration to do so.4
F. The NSP Potential Material Misrepresentations in Applications to
DEA
Upon information and belief, the NSP may have misled the DEA in order to
obtain renewals of its Importer registration by falsely representing to the agency
that it was licensed in Nebraska as a Community Pharmacy, and, therefore,
eligible to obtain a DEA COR. As discussed above, the NSP and the Pharmacy
are two different facilities located approximately four miles apart. In its
November 2015, September 2016, and September 2017, applications to renew its
Importer registration, DEA # RN0414184, the NSP informed the DEA that it was
licensed in Nebraska to handle controlled substances pursuant to state license
number 2572. Copies of these renewals are attached hereto as Exhibit 11. That
state license number, however, belongs to the Pharmacy, not the NSP. In fact, the
Pharmacy has used that state license number 2572, to apply in 2011 for its own
DEA Importer registration. A copy of the Pharmacy’s April 15, 2011, application
for an Importer registration is attached hereto as Exhibit 12.
The NDCS, thus, may have used the existence of the Pharmacy and the
Pharmacy’s state license as a ruse to lure DEA into issuing an Importer
registration so that the NSP could obtain controlled substances to administer to
prisoners during lethal injection executions, as opposed to acquiring the drugs to
provide legitimate health care treatment at a state licensed facility located at the
14th Street address, as claimed on its application.
Moreover, the lethal injection executions for which the NDCS was effectively
seeking the registration were not ever going to take place at the Pharmacy
location. According to the Nebraska execution protocol, executions are conducted
The NSP is concealing from the public from whom it acquired the fentanyl. The
ACLU submitted an Open Records request to the NSP seeking the source of this
drug, and the NSP refused to provide the ACLU with records relating to this
acquisition. There is pending litigation seeking to compel production of the
records. See Miller v. Frakes, Case. No. CI17-4283, Lancaster County District
Court of Nebraska.
4

 at the NSP. However, the NSP and the Community Pharmacy are distinct
facilities overseen by different government departments. The NSP is a
correctional facility under the management of the NDCS. The prisoner
population includes maximum and medium security prisoners, and the facility
includes three housing units with minimum security prisoners. Executions of
condemned prisoners by lethal injection are performed at the NSP. 69 Neb.
Admin Code §§ 1-10.
In contrast, the Pharmacy is under the management of the Nebraska Department
of Administrative Services (NDAS). The license is issued only for the premises
(2620 W. Van Dorn Street Lincoln, Nebraska) and persons named in the
application. The license is not transferable or assignable. 175 Neb. Admin. Code
§§ 8-003 and 8-004; see also 21 CFR 1301.52(b). Accordingly, the Pharmacy’s
authority to handle controlled substances would not extend to the NSP as a matter
of law.5
The CSA authorizes DEA to revoke a controlled substance registration on a
finding that the registrant “has materially falsified any application filed pursuant
to” the CSA. 21 USC 824(a)(1). Also, the CSA provides that it is an unlawful act
“to furnish false or fraudulent material information in, or omit any material
information from, any application” required to be filed with DEA. 21 USC
843(a)(4)(A). DEA has held that “[t]he provision of truthful information on
applications is absolutely essential to effectuating [the] statutory purpose” of
determining whether the granting of an application is consistent with the public
interest. Peter A. Ahles, M.D.; Revocation of Registration, 71 FR 50097, 50098
(Aug. 24, 2006); see also Darby, 75 FR at 26998. As DEA precedent states,
“[s]ince DEA must rely on the truthfulness of information supplied by applicants
in registering them to handle controlled substances, falsification cannot be
tolerated.” Bobby Watts, M.D.; Revocation of Registration, 58 FR 46995, 46995
(Sept. 3, 1993).
As detailed above, upon information and belief, the NSP may have provided false
information to the DEA in its renewal applications for the Importer Registration.
See Samuel Arnold, D.D.S.; Reprimand and Continuation of Registration, 63 FR
8687, 8688 (Feb. 20, 1998). Moreover, the NSP’s alleged misrepresentations in
its application would be material.
According to DEA administrative case law precedent:
Incorrect information is not limited to the NSP’s Importer registration
application. The NSP’s application to renew its “Hospital/Clinic” registration
erroneously lists a state license number, No. NH0014, that, according to the
Nebraska Department of Health’s license verification website, does not exist. See
the NSP’s September 14, 2016, application to renew its Hospital/Clinic
registration, attached hereto as Exhibit 13.
5

 The Supreme Court has held that ‘‘the most common formulation’’ of
the concept of materiality is that ‘‘a concealment or misrepresentation
is material if it ‘has a natural tendency to influence, or was capable of
influencing, the decision of’ the decisionmaking body to which it was
addressed.’’ Kungys v. United States, 485 U.S. 759, 770 (1988)
(quoting Weinstock v. United States, 231 F.2d 699, 701 (D.C. Cir.
1956) (other citation omitted)) (quoted in Samuel S. Jackson, 72 FR
23848, 23852 (2007)); see also United States v. Wells, 519 U.S. 482,
489 (1997) (quoting Kungys, 485 U.S. at 770); Arthur H. Bell, 80 FR
50035, 50038 (2015). The Court has further explained that ‘‘[i]t has
never been the test of materiality that the misrepresentation or
concealment would more likely than not have produced an erroneous
decision, or even that it would more likely than not have triggered an
investigation.’’ Kungys, 485 U.S. at 771 (emphasis added). Rather, the
test is ‘‘whether the misrepresentation or concealment was predictably
capable of affecting, i.e., had a natural tendency to affect, the official
decision.’’ Id.6
The NSP’s potential false statements in its renewal applications for the Importer
registration would be material on the basis that the department intended this
information to have a favorable effect on the agency’s decision to grant the
registration.
G. Conclusion
As detailed above, it appears that the NDCS/NSP is intending to use the NSP’s
existing importer and Hospital/Clinic DEA registrations to unlawfully administer
controlled substances in upcoming lethal injection executions at the 14th Street
address. This proposed action would contravene the authority granted the NSP by
the DEA in those registrations. It also would constitute a violation of federal law,
since the NSP is not eligible for a DEA dispenser registration to conduct lethal
injection executions because it fails to satisfy the statutory and regulatory
prerequisites to obtain such a registration. Additionally, the information obtained
by the ACLU of Nebraska indicates that the NDCS/NSP may have misled the
DEA about its state licensure status at the 14th Street address, in order to acquire
lethal injection drugs.
DEA must set aside the fact that the NDCS/NSP is a state agency and hold them
to the same standards as any other DEA registrant. The public must have
confidence that DEA is applying the federal controlled substances laws
uniformly. The evidence shows that the NDCS/NSP may have previously
violated these laws, and may be intending to engage in further violations.
6

Richard J. Settles, D.O., 81 FR 64940, 64946 (2016).

 Accordingly, pursuant to 21 USC 824(a), (d), 21 USC 823(f), and 21 CFR
1301.36, the ACLU of Nebraska respectfully requests that DEA to further
investigate the allegations set forth herein, if necessary, and commence
proceedings to immediately notify the NSP that it may not use its current DEA
Certificates of Registration to administer controlled substances during lethal
injection executions and to consider appropriate enforcement action against these
registrations including but not limited to suspending and revoking the NSP’s
registrations, and to place under seal any and all controlled substances in the
NSP’s possession that are intended to be used in a lethal injection execution.

Amy A. Miller
Legal Director
enc