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ERLIN v. UNITED STATES

No. 22981.

413 F.2d 1036 (1969)

Darren Guy ERLIN, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Ninth Circuit.

Rehearing Denied September 11, 1969.

Attorney(s) appearing for the Case

Carl Shapiro, San Anselmo, Cal. (argued), Sal C. Balistreri, San Francisco, Cal., for appellant.

Jerrald Ladar, Asst. U. S. Atty. (argued), Cecil F. Poole, U. S. Atty., San Francisco, Cal., for appellee.

Before HAMLEY and KOELSCH, Circuit Judges, and KILKENNY, District Judge.

PER CURIAM:

After waiver of a jury trial, appellant was convicted by the Court on a two count indictment charging him with unlawful sales of LSD (d-lysergic acid diethylamide) in violation of 21 U.S.C. §§ 331(q) (2), 321(v) (3) and 333(a), D.C., 283 F.Supp. 396.

Appellant concedes, as he must, that the constitutionality of this legislation has been previously considered and upheld as a proper delegation of authority...

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