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UNITED STATES v. HEIMAN

No. 23494.

406 F.2d 767 (1969)

UNITED STATES of America, Appellee, v. Bruce Charles HEIMAN, also known as Bruce Hyman, Appellant.

United States Court of Appeals Ninth Circuit.

January 30, 1969.

Attorney(s) appearing for the Case

Robert E. Metz (argued), of Brobeck, Phleger & Harrison, San Francisco, Cal., for appellant.

John G. Milano (argued), Asst. U. S. Atty., Cecil F. Poole, U. S. Atty., San Francisco, Cal., for appellee.

Before HAMLEY and BROWNING, Circuit Judges, and THOMPSON, District Judge.

PER CURIAM:

Bruce Charles Heiman appeals from his conviction on a charge of unlawfully selling, delivering and disposing of five hundred LSD pills, an hallucinogenic drug within the meaning of 21 U.S.C. § 321(v) (3) and 21 C.F.R. 166.3(c) (3), in violation of 21 U.S.C. § 331(q) (2).

Heiman's only argument here is that 21 U.S.C. § 331(q) (2) is unconstitutional. Specifically, he contends that in enacting 21 U.S.C. § 331(q) (2), Congress...

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