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No. 04-1084 In the Supreme Court of the United States ALBERTO R. GONZALES, ATTORNEY GENERAL, ET AL., PETITIONERS v. O CENTRO ESPIRITA BENEFICIENTE UNIAO DO VEGETAL, ET AL. ON WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT JOINT APPENDIX (VOLUME 1) PAUL D. CLEMENT NANCY HOLLANDER Solicitor General Freedman Boyd Daniels Department of Justice Hollander & Goldberg P.A. Washington, D.C. 20530-0001 20 First Plaza, Suite 700 (202) 514-2217 Albuquerque, NM 87102 (505) 842-9960 Counsel of Record Counsel of Record for Petitioners for Respondents PETITION FOR A WRIT OF CERTIORARI FILED: FEB. 10, 2005 CERTIORARI GRANTED: APR. 18, 2005 TABLE OF CONTENTS Page Court of appeals docket entries ........................................ 1 District court docket entries ............................................. 10 Plaintiffs’ original complaint (Nov. 21, 2000) .................. 17 Answer to plaintiffs’ original complaint (Feb. 1, 2001) ............................................................................... 37 Declaration of Jeffrey Bronfman (Nov. 17, 2000) (Plaintiffs’ Exh. A) ....................................................... 49 Human Psychopharmacology of Hoasca, etc. (Vol. 184, No. 3, 1996) (Plaintiffs’ Exh. G) ............... 75 District court order (May 31, 2001) .................................. 102 Index and mailing list of churches (Defendants’ Exh. D) ........................................................................... 105 Expert Report of Dr. Sander G. Genser (undated) (Defendants’ Exh. ZZ) ................................................ 116 Expert Report of Dr. Alexander M. Walker (undated) (Defendants’ Exh. JJJ) ............................. 132 Expert Report of Dr. Donald Robert Jasinksi (undated) (Defendants’ Exh. VVV) .......................... 141 Expert Report of Terrance W. Woodworth (undated) (Defendants’ Exh. ZZZ) ........................... 157 UDV USA Plantation Report 1998 (Defendants’ Exh. AAAAA) .............................................................. 166 Letter to Jonathan Ott from Jeffrey Bronfman (Nov. 25, 1994) (Defendants’ Exh. KKKKK) .......... 177 Letter to Mestre Glacus from Jeffrey Bronfman (May 2, 1996) (Defendants’ Exh. LLLLL) .............. 181 Letter to “My Dear Friends” from Jeffrey Bronfman (Nov. 14, 1995) (Defendants’ Exh. EEEEEE) ..................................................................... 186 (I) II Table of Contents—Continued: Page Department Directors and Secretariat, DEMEC Medical-Scientific Dep’t of the UDV (Defendants’ Exh. IIIIII): Case No. 1 ................................................................ 192 Case No. 2 ................................................................ 195 Case No. 3 ................................................................ 199 Case No. 5 ................................................................ 201 Case No. 6 ................................................................ 204 Case No. 7 ................................................................ 206 Case No. 8 ................................................................ 209 Case No. 9 ................................................................ 213 Case No. 10 .............................................................. 216 Case No. 11 .............................................................. 219 Case No. 11 (2nd No. 11) ....................................... 222 Case No. 12 .............................................................. 224 Case No. 13 .............................................................. 227 Case No. 14 .............................................................. 230 Case No. 15 .............................................................. 233 Case No. 16 .............................................................. 235 Case No. 17 .............................................................. 238 Case No. 18 .............................................................. 240 Case No. 19 .............................................................. 243 Case No. 20 .............................................................. 247 Volume 2 Case No. 21 .............................................................. 250 Case No. 22 .............................................................. 254 Case No. 23 .............................................................. 259 Case No. 24 .............................................................. 262 Controlled medication use notification forms ... 265 Excerpts from Deposition of Dr. Glacus de Souza Brito (Sept. 26, 2001) (Plaintiffs’ Exh. 5B) .............. 286 Declaration of Dr. Charles S. Grob (Mar. 30, 2000) (Plaintiffs’ Exh. 11) ........................................... 289 III Table of Contents—Continued: Page Second Declaration of Dr. Charles S. Grob (Feb. 8, 2001) (Plaintiffs’ Exh. 12) ............................ 306 Declaration of Dr. Mark Albert Robert Kleiman (Feb. 9, 2001) (Plaintiffs’ Exh. 16) ............................ 313 Second Expert Report of Dr. Mark A.R. Kleiman (Aug. 21, 2001) (Plaintiffs’ Exh. 17) .................................................................................... 325 Excerpts from Deposition of Dr. Mark A.R. Kleiman (Aug. 14, 2001) (Plaintiffs’ Exh. 18) .......................... 332 Expert Report of Dr. David E. Nichols (Aug. 28, 2001) (Plantiffs’ Exh. 24) ............................................ 337 UDV Organizational charts (Plaintiffs’ Exh. 30) ........... 367 Airway Bills for Shipment of Hoasca (Plaintiffs’ Exh. 31) .......................................................................... 373 Invoices for Shipment of Hoasca (Plaintiffs’ Exh. 32) .................................................................................... 377 Receipt for Purchase of San Pedro Cactus (Plaintiffs’ Exh. 36) .......................................................................... 381 Photographs of San Pedro Cactus (Plaintiffs’ Exh. 37) .......................................................................... 382 Seeding for Erosion Control on Slopes (Plaintiffs’ Exh. 41) .......................................................................... 383 Drug Statistics DEA Arrests (Domestic) (Plaintiffs’ Exh. 42) .......................................................................... 385 Case Information Summary Ayahuasca/Dimethyl- tryptamine (Plaintiffs’ Exh. 43) ................................ 396 Correspondence— Donnie R. Marshall, Acting Deputy Administrator, DEA to Eddie Watts, Jr. (Dec. 2, 1998) (Plaintiffs’ Exh. 67) ............................. 399 IV Table of Contents—Continued: Page Testimony of Omer C. Stewart United States v. Warner, No. C2 84-51, Oct. 24, 1984, pgs. 51, 60-64, 66 (Plaintiffs’ Exh. 69) ...................................................... 405 Certificate of Registration Native American Church of Maskwachees (Plaintiffs’ Exh. 74) ...................................................... 413 Letters Patent Native American Church of Neyapskak (Plaintiffs’ Exh. 75) ...................................................... 429 Certificate of Incorporation Bylaws Native American Church of Wyoming for Ara- pahoes and Other Tribes (Plaintiffs’ Exh. 76) ........ 443 Letter dated Mar. 4, 1982, from Gene R. Haislap, Director, Office of Compliance and Regulatory Affairs (Plaintiffs’ Exh. 97) ........................................ 445 Excerpts from Deposition of Jeffrey Bronfman (Sept. 19, 2001) (Plaintiffs’ Exh. 107) ........................ 453 Excerpts from 111 Cong. Rec., 15,977-15,978 (1965) (Plaintiffs’ Exh. 111) ........................................ 480 Letter to Jonathan Gerson from Jeffery Bronfman (June 19, 1999) (Plaintiffs’ Exh. 112) ......................... 494 Volume 3 Memorandum: Julia Croft, Office of General Counsel, to Bobby Iu, Aug. 8, 1994, Religious Use of Marijuana and Peyote (Plaintiffs’ Exh. 114) .......... 500 Defendant’s responses to interrogatories No. 16 and 17 (Oct. 19, 2001) (Plaintiffs’ Exh. 117) ................... 508 Excerpts from Deposition of Donald Jasinski (Aug. 9, 2001) (Plaintiffs’ Exh. 134) .................................... 510 Excerpts from Deposition of Terrance Woodworth (Sept. 7, 2001) (Plaintiffs’ Exh. 135) ........................ 512 Photos of Phalaris Grass (Plaintiffs’ Exh. 137) .............. 518 V Table of Contents—Continued: Page Receipt for Purchase of Phalaris Grass (Plaintiffs’ Exh. 138) ....................................................................... 519 Analysis Report, San Pedro Cacti (Plaintiffs’ Exh. 147) ................................................................................. 520 Analysis Report, Phalaris Grass (Plaintiffs’ Exh. 148) ................................................................................. 522 Transcript of proceedings in the district court: Oct. 22, 2001 ................................................................... 526 Oct. 23, 2001 ................................................................... 606 Oct. 24, 2001 ................................................................... 696 Oct. 25, 2001 ................................................................... 746 Volume 4 Oct. 29, 2001 ................................................................... 776 Oct. 30, 2001 ................................................................... 844 Oct. 31, 2001 ................................................................... 880 Nov. 1, 2001 .................................................................... 942 Nov. 2, 2001 ...................................................................
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