WHALEN v. UNITED STATES

No. 18963.

398 F.2d 286 (1968)

Benny Lee WHALEN, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Eighth Circuit.

July 12, 1968.


Attorney(s) appearing for the Case

James P. Brown, St. Louis, Mo., for appellant.

Joanne S. Sisk, Atty., Dept. of Justice, Washington, D. C., for appellee; Veryl L. Riddle, U. S. Atty., Irvin L. Ruzicka, Asst. U. S. Atty., St. Louis, Mo., and Lillian C. Scott, Atty., Dept. of Justice, Washington, D. C., on brief.

Before MATTHES, MEHAFFY and LAY, Circuit Judges.


PER CURIAM.

This is an appeal from a judgment entered on a jury verdict finding the appellant guilty of unlawful possession for purpose of sale and unlawful sale and delivery of d-amphetamine sulfate powder, a "depressant or stimulant drug" within the meaning of 21 U.S.C. § 321 (v) (2).

The illegal sale or possession of depressant or stimulant drugs is prohibited by 21 U.S.C. § 331(q) (2) and (3), whether or not the drugs have been sold or shipped...

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