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UNITED STATES v. LAMEAR

No. 19605.

417 F.2d 626 (1969)

UNITED STATES of America, Appellee, v. Gregory LAMEAR, Donald L. McEntire, Appellant, Phyllis Sparks.

United States Court of Appeals Eighth Circuit.

November 5, 1969.

Attorney(s) appearing for the Case

Gary T. Nelms, St. Louis, Mo., for appellant and filed brief.

James M. Gordon Asst. U. S. Atty., St. Louis, Mo., for appellee, Daniel Bartlett, Jr., U. S. Atty., and Robert C. Crimmins, Atty., Dept. of Justice, Washington, D. C., were on the brief.

Before MATTHES, BLACKMUN and BRIGHT, Circuit Judges.

PER CURIAM.

Appellant and his codefendants Gregory Lamear and Phyllis Sparks pleaded guilty to possessing and selling a quantity of lysergic acid diethylamide (LSD), a "depressant or stimulant drug" within 21 U.S.C. § 321(v) (3), in violation of 21 U.S.C. §§ 331(q) (2) and 331(q) (3) (A). Lemear and Sparks did not appeal.

Appellant seeks review of his conviction contending, as he did in the district court, that 21 U.S.C. §§ 331(q)...

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