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ISKE v. UNITED STATES

No. 9801.

396 F.2d 28 (1968)

Gary Robert ISKE, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Tenth Circuit.

June 6, 1968.

Attorney(s) appearing for the Case

Donald P. MacDonald, Boulder, Colo., for appellant.

Donald E. Cordova, Asst. U. S. Atty., Denver, Colo. (Lawrence M. Henry, U. S. Atty., Denver, Colo., with him on the brief), for appellee.

Before LEWIS, SETH and HICKEY, Circuit Judges.

HICKEY, Circuit Judge.

The appellant was informed against pursuant to Fed.R.Crim.P. 7. The information charged that appellant unlawfully sold and delivered LSD (d-lysergic acid diethylamide), a "depressant or stimulant drug" within the meaning of 21 U.S.C. § 321(v) (3),1 in violation of 21 U.S.C. § 331(q) (2). Appellant moved to dismiss the information on the ground that the statutes, the rules, and the regulations which make...

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