LOS ANGELES (CBS) — Prosecutors declined Thursday to file a felony case against former USC quarterback Mitch Mustain, who was arrested Tuesday night on suspicion of selling prescription drugs.

“Given that Mustain has no record, and that this is his first contact with law enforcement, it is appropriate that it be referred to the City Attorney’s Office for misdemeanor consideration,” Deputy District Attorney Andrew P. Reynolds wrote in a charge evaluation worksheet.

The prosecutor noted that the substance that was allegedly offered for sale was adderrall, which is an amphetamine, but that the substance allegedly sold to the undercover officer was lisdexamfetamine dimesylate, which is not listed in the schedules of controlled substances.

Mustain was freed on bail following his arrest about 8 p.m. Tuesday by detectives from the Los Angeles Police Department’s West Valley Station.

He played mostly in a backup capacity at USC, and was expected to participate in the NFL draft this year.

(©2010 CBS Local Media, a division of CBS Radio Inc. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed. Wire services contributed to this report.)

Comments (10)
  1. dahmu says:

    Wow can you say unequal justice under the law if had been african American it wouldn’t matter wether or not he had any priors they would throw the book at him. They wonder why we yell racism and skin color still affects the justice system in America , prime example

    1. CA562DUDE says:

      You said it !!!!

      1. bobbyd says:

        I think OJ and Rodney King say it best, dont you think?

    2. Tim says:

      You obviously have no idea what you are talking about… I work in the court room everyday and this is a routine for a first offense. Black, brown, white, yellow, blue… if you have no record the court will cut you a break. Do your homework before you pull out the card

      1. CA562DUDE says:

        You may work in the courts etc.. but let the records / history shows that black people always get it the short end of the stick… NO Justice NO Peace

  2. Art Hernandez says:

    Sounds like USC still has contacts with the DA’s office who help clean up the mess that their athletes make.

  3. bobbyd says:

    oh come on!!! Has nothing to do with his skin color. am So tired of hearing that. give it up already. It may have to do with the fact that he is an athlete though


    I’m tired of hearing the race card again.. Read between the lines folks, substance being sold is “NOT A CONTROLLED SUBSTANCE”. If it was, i’m pretty sure Mustain would be charged with the crime.

    Stop blaming society and stop pulling the race card again.. it has nothing to do with his Color..

    Besides, Judges & DA’s are reluctant to give severe punishment to people who have NO CRIMINAL RECORDS, bright future ahead of ’em, or at least something going on for ’em in life so that they’ll contribute to society.

    If any of yall ever consult to with a criminal attorney/lawyer, i’m pretty sure they’ll ask YOU what do you have going on for you, what are your positive attributes so they can present to the DA’s & JUDGES & hopefully YOU can get a Fair Trial, Reduce Sentence, or Plea Bargain.

    Don’t worry, if you have NO criminal background, UNCLE SAM + JUDGES + DA’s, they ALL want YOUR TAX DOLLARS $$$$$$$ to pay for their Salaries..

    That’s why Celebrities & Wealthy people have it easier then the rest of YOU. Just making dollars and cents.. BUT IT HAS NOTHING TO DO WITH COLOR!!!!

    It’s NOT really a Just and Fair system but they’re just making their Dollars & Cents..


    Also, with California’s budget crisis, MOST cases don’t goto Trial, they’re Plea Bargained.. DA’s are encouraged by Judges to Pleas MOST cases involving NON-VIOLENT crimes coz of cost to Taxpayers & very time consuming..

  6. Zach says:

    Please check your sources. Lisdexamfetamine is a Schedule II narcotic, in the same classification as Cocaine, Adderall, Oxycontin, Percocet, and the list goes on. This is rediculous. Lisdexamfetamine is generic name for Vyvanse, a CII controlled substance basically the same as Adderall. All this is BS

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